Kovsky v. McNutt

LUMPKIN, Justice.

On May 3, 1947, a divorce was granted the appellant, Emma Lou (McNutt) Kov-sky, from the appellee, Charles H. McNutt, and custody of the couple’s minor children, Laurie Lane McNutt, aged 5 years, and Charles Wayne McNutt, aged 3 years, was awarded to their mother. Later, the mother married the other appellant, Louis Kovsky, and afterwards the appellee, who had come into possession of the children, filed a motion to change their legal custody to him. On December 4, 1951, the trial court, after a hearing without a jury, made the following finding:

“ * * * that the conditions…