McAlpine v. Gilpatrick

If the mother is not an unfit custodian, she is entitled to the custody, by force of the statute (P. L., c. 290, s. 4). Leclerc v. Leclerc, 85 N. H. 121, 125; Brown v. Jewell, 86 N. H. 190; Sheehy v. Sheehy, 88 N. H. 223, 228. The court has found the mother’s fitness, but the defendants’ brief alleges an offer of evidence tending to show her unfitness. It is not shown by the record, and it is not clear, whether this evidence was excluded. Assuming its exclusion, the exclusion was proper if it was offered only to show that the child’s welfare would be better subserved by the defendants’…