Stanat v. Stanat

Murphy, P. J. (concurring).

A very close evidentiary question is presented upon the issue of custody. Both parents are clearly fit; either could be awarded custody. Upon reading the record, I was impressed by the fact that the defendant alone hád showed an unmistakable interest in the child both before and after the marital difficulties arose. Thus, it was my initial evaluation that custody of the child should be awarded to the defendant. Notwithstanding my original inclination in this matter, it was necessary, in the end, to give due deference to the factual *118findings of the Trial Judge…