Boyle v. Boyle

IRWIN, Vice Chief Justice.

The wife appealed from that part of a divorce decree which granted custody of the couple’s three minor boys to the husband. The Court of Appeals reversed the custody part of the judgment with instructions to grant custody to the wife. The husband seeks certiorari.

The three minor boys were aged ten, seven and five at the time of the divorce proceedings. The Court of Appeals found that neither the husband nor the wife was unfit; that there was no evidence that shows either parent to be better suited to have custody; and that the district court’s judgment awarding…