Alex v. Alex

I must dissent.

In its approach to this case and in reaching the decision now before us it is clear the trial court, doubtless with the best intentions, fell into the error of giving primary consideration to what were thought to be the rights of the opposing litigants to the *200child’s custody rather than to his best interests. And the majority, with equally good intentions, has fallen into the same error.

Stated somewhat differently, both the trial court and the majority have centered their attention on which of the parties deserves the child, not on what the child— with whose life we are dealing…