(concurring, with added comment).
It is true that this court has pointed out that Sec. 30-3-10, U.C.A.1953, relates expressly to cases of separation;1 however, as clearly pointed out in Steiger v. Steiger2 through Chief Justice McDonough in applying the general equitable powers granted in Sec. 30-3-5, U.C.A.1953:
This court has stated that a divorced mother has no absolute right to the custody of minor children . . . but the policy of our decisions has been to give weight to the view that all things being equal, preference should be given to the mother in awarding custody of a child of tender years, . . .. And this view is based upon the oft-stated purpose of the award of custody to provide for the child’s best interests and welfare, . [Citing authorities.]
In my opinion this is the sound view on the problem and represents a correct statement of law.
. See Arends v, Arends, footnote 2 main opinion, and cases therein cited including Sampsell v. Holt, 115 Utah 73, 202 P.2d 550, exposition thereon by Justice Wolfe.
. 4 Utah 2d 273, 293 P.2d 418.