Whiteport v. Whiteport

MERRILL, Justice.

The question in this case is whether the trial court erred in awarding the custody of three children, aged 7, 4 and 3 years, to their mother instead of their father, the appellant here.

In 1964, appellant filed a bill of complaint for divorce against his wife, charging her with adultery. The wife, by motion, removed the question of the custody to the Juvenile Court. A few days later, the wife’s mother, intervenor Minnie Harris, filed a petition to intervene, stating that neither the husband nor the wife was “at that time entitled to have custody of said children,” and the…