Fox v. Fox

James R. Cooper, Judge.

The parties in this child custody case were divorced by a decree dated May 10, 1989. Custody of the parties’ children was granted to the appellee. From that decision, comes this appeal.

For reversal, the appellant contends that the chancellor erred in granting custody to the mother on the basis of her sex. We agree, and we reverse and remand.

The record shows that the chancellor conducted a hearing on child custody in which the parties presented evidence that would support a finding that either parent would be fit to exercise custody over their two girls, age four and…