Hamachek v. Hamachek

In its order of December 17, 1954, the trial court found that Marjorie Hamachek was not a fit person to have custody of her son, David Francis Hamachek. Appellant claims (1) that the order was punitive in nature and that the court made no finding concerning and did not consider the welfare of the child; (2) that the court made no finding as to the fitness of the father, Ogden Hamachek; and (3) that the court based its finding on a single moral lapse on the part of Marjorie Hamachek, and that a sole moral transgression is not sufficient to warrant the court in its finding where such…