Moore v. Smith

Frank Holt, Justice.

Appellant sought custody of his 12-year-old son which the court denied. The custody of the boy was continued with the appellee mother. On appeal appellant contends that the chancellor’s findings are not supported by the evidence. We think the appellant is correct. We review the evidence, as abstracted, since the appellee does not favor us with a brief.

We first observe that the controlling principle in child custody cases, which are always difficult, is focused solely upon the best interest of the child. In Stephenson v. Stephenson, 237 Ark. 724, 375 S.W. 2d 659 (1964), we…