Howells v. Howells

The basic question on this appeal is whether the trial court’s award to the mother of the custody of three children of tender years was proper. We hold it was not.

Plaintiff and defendant were married at Charleston, West Virginia, on January 31, 1952. Their first child, a boy, was born on December 1, 1953; the second,, also a boy, on September 26, 1955 and the third, a girl, on September 5, 1956. They lived in Virginia and Pennsylvania until July 27, 1959 when they moved with their children to Huron, South Dakota. During their residence in Virginia and Penn sylvania they had marital…