Foxall v. Foxall

(dissenting). Í do not concur in the opinion of Mr. Justice Butzel affirming the order of the trial court amending the decree so as to award legal custody of the parties’ minor children, both und,er 12 years of age, to the friend of the court, with physical custody to the husband.

As stated in my Brother’s opinion, the trial court, in its opinion, commented upon the fact that neither party made an issue of the matter of the fitness of the other. The undisputed testimony is that the wife’s home is a satisfactory one in which to rear the children, with proper facilities for training and…