(dissenting) :
My dissent, with modifications and deletions, was submitted to the members of the court as a proposed majority opinion. Three members having taken the contrary view, my modified proposal is now submitted as my dissent and as my view of a proper determination of the issues.
The Coles are parents of four children. The older children, Kimberly, now 17, and Donald, now 16, were born of the wife’s former marriage and adopted by the husband. The younger, Eugenia, now 9, and Angela, now 6, are the natural children of this marriage. The master in equity, to whom the issues were referred, recommended that custody of all four children be granted to the wife. The trial judge accepted the recommendation as it applied to the older children, but rejected the recommendation as it applied to the younger children, and ordered custody of them to the husband.
The significant findings of the lower court as relate to the issue of custody are found in its final order.
“6. That the Master’s recommendation that Respondent [husband] be granted a complete and final divorce upon the grounds of adultery is substantiated by the record in each and every particular and should be confirmed. Additionally, the evidence presented to me on February 16, 1978, convinces me that the Petitioner [wife] has continued her adulterous conduct to the detriment of the children of this marriage as set forth hereinafter.
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*457“11. As to the issue of the custody of the four children of this marriage, the Master . . . found that: (a) the Petitioner had emotional problems; (b) the record substantiates the Petitioner’s excessive intake of prescription drugs, her adulterous conduct with a number of men, and her refusal to keep the residence clean. . . . The Master pointed out that the issue of custody was never final and always subject to changes of condition, which statement is the law of this State. The Master found that the Respondent, a loving and caring father, has not ‘tipped the scales, by the greater weight of the evidence, away from the Tender Years Doctrine as to the custody of the Youngest children.’ The Master recommended substantial increases in visitation with the Respondent.
Upon reviewing the entire record and the February 16, 1978, testimony before me, I find the facts of this case, in fact, have more than tipped the scale away from the Tender Years Doctrine and dictate that the best interests of the two youngest children (Gina and Angie) are not being served by remaining in the Petitioner’s custody. The Tender Years Doctrine may have been somewhat diluted by our Court (Jones v. Ard, 265 S. C. 423, 219 S. E. (2d) 358 (1975)); however, from the facts of this case, the best interests of these two children demand that their custody be transferred to Respondent. I specifically find that the evidence before the Master, as coupled with the evidence and testimony taken before me, reflects that the Respondent is a loving and caring father and that despite his lack of contact with the youngest children based upon the temporary Order of this Court, the seven year old child desires to reside with her father. From the demeanor and appearance of the Respondent, I find that he is well capable of taking care of these children and this fact is replete within the record, especially when the Petitioner was hospitalized for her emotional problems. Respondent has a suitable plan for custody and I find that he will make .conscientious efforts to maintain these *458children. I find that in addition to the facts set forth herein-above, the children’s best interests will be served by allowing them to remain at 750 Henderson [the marital residence] with the Respondent. I find that the Respondent will be assisted, if necessary, by Margaret McGee who has known these children for some period of time and is especially interested in these children. I find the Petitioner’s relationships with a number of men to be unrepentant, reprehensible, and also contrary to the interests of the children. Petitioner attempted to avail herself of the protection of the Fifth Amendment concerning her alleged adulterous conduct at the hearings before the Master. Some of her questioned activity at this time was with Mr. Vedas. Petitioner denied any adulterous relationship at hearing before me on February 16, 1978. Based upon the credibility factor, I do not believe the Petitioner’s denial of sexual relations in the residence where the children are located and elsewhere, and I find that she left the children on a number of occasions to go on dates to satiate her carnal desires. I therefore find, based upon all the evidence in this case, that the permanent custody of the two younger children, namely, Melinda Eugenia, and Angela Marie Cole, should be granted to the Respondent subject to reasonable rights of visitation with the Petitioner.”
As noted in the court’s order, the wife was hospitalized in 1974 suffering from severe emotional problems. During that hospitalization she received electroconvulsive therapy and was diagnosed as having a depressive neurosis and an hysterical personality. Testimony of her psychiatrist indicated that “she would function better in a semi-structured situation where her responsibilities and duties were clearly delineated to her.” The same psychiatrist found the husband to be “an interested and sincere individual” who was exas-fa perated with his wife because he didn’t know how to cope with her problems. This evidence is relevant on the custody matter.
*459After a thorough examination of the entire record, I am of the opinion that the trial judge made a proper determination based upon the best interests of the younger children as articulated in his order, and I would affirm his ruling.
Lewis, C. J., concurs.