Eilers v. Eilers

DAVIS, Commissioner.

For the third time we have before us litigation involving a child custody struggle between the divorced parents of five children. The most recent phase of the matter was dealt with in Eilers v. Carpenter, Ky., *872406 S.W.2d 830. An earlier appeal wherein the mother-appellant and the father-ap-pellee were parties was dismissed on January 14, 1966, because the appeal was not timely filed.

We have never reached the merits of the controversy, and we are not able to adjudicate the case upon the merits in the present appeal, for the reasons hereinafter set forth.

The trial court…