(dissenting) :
Even assuming that the order of the lower court meets minimal compliance with Family Court Rule 13, failure to *113fully comply has rendered appellate review unnecessarily difficult. The order does contain certain findings of fact, not all of which are both material and supported by any substantial evidence, but fails to show upon which asserted facts the ultimate conclusion of the court is based.
It is at least questionable to me whether this Court should attempt a decision of this appeal as opposed to remanding the cause fo,r further proceedings, but if a decision is to be reached, the lower court should be reversed, rather than affirmed. The record clearly shows that neither of the parties is without substantial fault in bring about the material disruption, but neither has been adjudged to be an unfit parent. The father has not demonstrated his ability to properly care for the needs of this small child under his existing circumstances and the record does not even show how he proposes to do, so. On the other hand, the mother has clearly demonstrated her ability to do so. In brief, on the record before us, it is my view that the evidence clearly preponderates in favor of the conclusion that the best interest of this small child would have been best served by awarding the custody to the mother.
Brailsford, J., concurs.