Smitheal v. Smitheal

OPINION

BREWSTER, Justice.

William Toby Smitheal sued his wife, Gertrude Smitheal, for a divorce, and for custody of a child, Edna Smitheal. Mrs. Gertrude Smitheal cross-acted for a divorce and for custody of the child. The case was tried non jury. The trial court rendered a judgment which granted a divorce to each party; the custody of the child, Edna Smitheal, was awarded to Edna Holderness, the paternal grandmother (who was not a party to the suit) ; the child’s mother, Gertrude Smitheal, the appellant here, was granted visitation rights as follows: she was to have the child with her during…