173 Wis. 592 | Wis. | 1921
The trial court found that both the' plaintiff and the defendant were morally fit and financially able to care for one or all of the children, and it reached the conclusion that it was for the best interests of the children that they should be brought up as one family and that the plaintiff
For about two years she had the care and custody of the youngest child, Eugene, living with him at the home of her parents in Duluth, which the evidence shows is a very moral and suitable home. He has had a housekeeper and kept house in Superior and has had the two older boys with him. The evidence shows that he may have to resort to one of his two married sisters to'aid him in caring for the boys he has had. They are willing and fit to do so. The situation is a perplexing one, rendered so by the unfortunate estrangement between the husband and wife. In view of the situation thus briefly outlined we reach the conclusion that the trial court erred in taking the youngest child from the custody of the mother. For a boy of such tender years nothing can be an adequate substitute for mother love — for that constant ministration required during the period of nurture that only a mother can give because in her alone is duty swallowed up in desire; in her. alone is service expressed in .terms of love. She alone has the patience and sympathy required .to mold and soothe the infant mind in its adjustment to its environment. The difference between fatherhood and motherhood in this respect is fundamental and the . law should recognize it unless offset by undesirable .traits in the mother. Here we have none so far as mother love is concerned..
The plaintiff owns a house worth about $1,600 on which there is a mortgage for $800. The parties also had about $1,400 worth of furniture acquired by plaintiff before his marriage. This was sold when defendant left him. The title to this property was by the court confirmed in the plaintiff. It seems defendant retained her piano and some per
By the Court. — The judgment is modified so as to award the custody of the son Eugene to the defendant and the custody of the other two children to the plaintiff, with reasonable provisions permitting either spouse to visit the child or children in the custody of the other, and as so modified is affirmed, with costs in this court to the defendant.