Wiedemann v. Wiedemann

I concur in what has been said in the majority opinion. I believe further that there is an absence of anything in the record which would sustain the trial court’s order withholding custody of this child from her mother. The findings in the original action specify no misconduct on the part of the mother and make no finding as to her unfitness. It may be concluded therefrom that the child’s custody was awarded to the father simply because of the mother’s health and inability to provide a home for her child at that time.

At the time of the hearing on the present motion, the mother had regained…