Martinez v. Martinez

BRICE, Justice.

This is an action for divorce, in which is involved the right to the custody of the parties’ infant son, a child under three years of age.. The right to the custody of the child only is before us. It is asserted by appellant that because of certain unauthorized proceedings by the district court subsequent to the trial, the decree is fatally defective.

At the conclusion of the testimony the trial court announced:

“* * * in my opinion this girl is not a competent party to have the custody of the child; so I am going to give the boy (appellant) the divorce and the custody of the…