Silavent v. Silavent

GOODWYN, Justice.

This appeal is from a decree modifying a divorce decree awarding custody of the parties’ minor children.

The principal question presented' concerns the sufficiency of the evidence to' support the decree of modification. Appellee takes the position, in which we concur, that this question cannot be considered' since it affirmatively appears from the record that there was evidence before the trial court, consisting of the court’s private examination of the two oldest children,, which is not included in the record. A similar question was presented in Ruck v. Ruck, 265 Ala. 29,…