Jackson v. Jackson

I respectfully dissent from the majority viewpoint. First, I am in complete disagreement with the evaluation of the evidence which tends to reveal plaintiff as an unsuitable mother, and, second, in a case such as this where the facts neither show that the plaintiff is an improper person to have custody of the children nor is it clear that it would be to their greater advantage that they be placed under the custody of the father, preference should be accorded to the mother as provided in Civil Code Art. 157, she having secured the divorce.

*228The preponderance of the evidence indicates Mrs.…