Timney v. Timney

OPINION

By the Court,

McNamee, C. J.:

This is an appeal from a judgment awarding the respondent husband a divorce. The only question raised on appeal concerns the award of custody of the children to respondent.

The trial court found that the cljjldren, two boys aged respectively 11 and 5, were in the custody of the respondent during the pendency of the action and it was the court’s conclusion that they should remain there, except for certain visitation periods. It expressly found that appellant “is not a proper person to have custody of these minor children.”

It was admitted by appellant during…