Ruthruff v. Ruthruff

LEEPER, J.,

Concurring Specially. — I concur in the majority opinion, but I am of the opinion that it would be more clear if further amplified, particularly with reference to the rule of fitness of the mother. I therefore submit the following to express the views which have furnished the basis of my concurrence.

No findings of fact were made by the judge, but in the preamble of Ms order it is recited that it is for the best interests of the child that the order of custody be modified. An application to modify a decree is not a new action but is a proceeding ancillary to the original action…