R____ G____ T v. Y____ G____ T

The wife has appealed from a decree entered in a dissolution of marriage proceeding. Her dissatisfaction with the decree is limited to that portion awarding custody of the two minor children born of the marriage to the husband. The children were girls, age 4 and 2 respectively.

The wife takes the position that the court erred in awarding custody of the two minor children to the husband because they were girls of tender years; particularly so, since the “evidence failed to show that” she “was unfit or that her misconduct had any effect on the welfare of the children”.

A brief recital of certain…