In re the Marriage of Byler

This is an appeal taken by the husband from a decree entered in a dissolution of marriage proceeding. It is confined to two of the decretal provisions: (1) that awarding the wife custody of the two year old female child born of the marriage; and (2) that awarding attorney fees to the wife. As to the first, the husband contends that the wife was guilty of certain indiscretions which made her unfit to have custody of the child. As to the latter, the husband contends the wife was financially able to pay her own attorney fees.

The paramount concern when determining child custody is the welfare and…