165 S.W.2d 152 | Ky. Ct. App. | 1942
Affirming.
The case involves the custody of Willa Jean Perkins, an infant, four years of age. In granting him a divorce the chancellor awarded the father the custody of the child. The mother, Thelma Perkins, has appealed from that part of the judgment.
Many witnesses were called to testify. To detail their evidence would serve no useful purpose and would unreasonably extend the opinion. The evidence as to the character of the mother is conflicting. Some of the witnesses, particularly his wife, attacked the character of the father, but the preponderance of the evidence shows him to be a man of good character, and reputed to be a hard and consistent worker, although temporarily disabled at the time of the trial. When working he earns approximately two hundred dollars per month. We gather from the testimony that the actual custody of the child will be placed in the hands of grandparents no matter to which of the parents the nominal custody is awarded. The grandparents on both sides seem to enjoy good reputations.
In determining questions of this kind, the true guide for the court is the welfare of the child. The controlling thought is that the child is a human being, and is not a chattel to be disposed of in accordance with the wishes or desires of the parents or anyone else. Davis v. Davis,
The judgment is accordingly affirmed.