Kessler v. Spohrer

I respectfully dissent.

The pertinent facts of the case and trial court’s rationale are set forth in the trial judge’s “FINDINGS OF FACT AND REASONS FOR JUDGMENT”, as follows:

“The main issue involved in this matter was the fact that Mrs. Spohrer is suffering from a disease known as anorexia nervosa and whether that disease has rendered her incapable of providing for the needs of the child and/or whether it would be in the best interest of the child to grant custody to the father....

“Mr. Spohrer testified that the child has lived with him for the last eight or nine months, and that his parents…