Denham v. Martina

The central question involved on this appeal is whether the trial court followed applicable adjective law in the process of setting aside an order of over seven years’ standing which gave the custody of two infants to their paternal grandparents in accordance with a property settlement agreement, and awarding their custody to their mother without making a finding relative to her fitness or unfitness, after an undue restriction of the evidence on the subject. The result that would follow an enforcement of the order appealed from would be that two healthy, happy, well-adjusted children would be…