Myers v. Myers
Myers v. Myers
Opinion
In the divorce judgment, the trial court granted custody of the 22-month-old child of the parties to the mother. The father appealed and argues, through most able counsel, that the trial court abused its discretion relative to the custody award.
We have carefully read and studied all of the trial evidence. It conflicted as to numerous material issues. Because of the vast number of cases concerning child custody awards, we perceive no benefit that would inure from a recital of the facts in this opinion. However, we observe that either, or both, of the parties could have been determined by the trial court to have been fit and capable parents.
Regardless of a child's tender age, child custody is determined pursuant *Page 414
to the best interests of the child as revealed by the individual facts in the case. Ex parte Devine,
Since adequate testimony was introduced which would have supported a custody award to either party and because the evidence conflicted in many respects, it was peculiarly within the prerogative of the learned trial court to determine what custody arrangement was in the best interest of the minor child and to award his custody accordingly. Cooper v.Cooper,
The foregoing opinion was prepared by Retired Circuit Judge EDWARD N. SCRUGGS while serving on active duty status as a judge of this court under the provisions of §
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Ollie Gene Myers, Jr. v. Phyllis Marie Myers.
- Cited By
- 4 cases
- Status
- Published