Ward v. Ward

Upon motion for rehearing we have determined that the proper procedure for the disposition of this case should have been to send it back to the trial court for the limited purpose of hearing evidence on the issue of the fitness of appellant-father, Dowell P. Ward, to have custody of the child. As we indicated in our original opinion, no such determination has been made. While in the absence of evidence to the contrary the law presumes the fitness of the father to have partial custody, Stewart v. Stewart, 41 Cal.2d 447, 260 P.2d 44, in this case the appellee-mother has alleged the unfitness of…