198 S.W.2d 472 | Tex. App. | 1946
The appellee Frank J. Redwine, hereafter called the husband, brought this suit against the appellant Geneva Redwine, for a divorce and custody of their child, a boy about two and one-half years of age. The appellant filed an answer and cross-action in which she asked for a divorce and custody of the child. Cruel treatment was alleged as grounds for divorce by both parties. The parents of the husband and his sister and brother-in-law intervened, praying that the custody of the child be awarded to one or the other of those families. The case was tried before the court without a jury. Judgment was rendered granting the husband a divorce, awarding custody of the child to the paternal grandparents and ordering the husband to pay $25 per month for the support of the child. The appellant attacks the judgment on the grounds that a divorce should have been granted to her, that the husband condoned whatever acts of cruelty she committed, that the custody of the child should have been granted to her and that certain testimony was inadmissible.
The sufficiency of the evidence is not questioned. Our review of it shows that such relation existed between the husband and appellant as to render their further living together insupportable. The finding of the court in the husband's favor was general and, therefore, every issue of fact raised by the testimony must be found in his favor. Swift v. Swift, Tex. Civ. App.
The chief contention in the case is presented by the point that custody of the minor child should have been awarded to the appellant. This court has held that unless the mother is shown to be unfit to assume such responsibilities, she is the proper one to have the custody and care of a very young child. McGarraugh v. McGarraugh, Tex. Civ. App.
If any error was committed in the admission of the testimony complained of, it was harmless.
The judgment of the trial court is affirmed insofar as it grants a divorce to appellee and requires him to contribute $25 per month to the support of the child; it is reversed insofar as it grants custody of the child to the intervening paternal grandparents, and is here rendered decreeing such custody to the appellant, with suitable privileges of visitation by the father. The costs accrued in the trial court and in this court are taxed against the appellee, Frank J. Redwine. *475