Love v. Love

MR. JUSTICE HAS'WELL

(specially concurring).

I concur in the result but not in all that is said in the foregoing opinion.

Specifically I do not agree with the statement that the trial court in all cases should rule on the fitness of both parents *310for custody of children of tender years. In many cases, the mother’s claim to custody of a small child will prevail irrespective of the fitness or unfitness of the father. To require a finding of unfitness of the father in such a case adversely affects payment of child support, exercise of visitation rights, and related conflicts—all without purpose.