Opinion
No. 41382.
February 15, 1960.
1. Divorce — evidence warranted husband a divorce and child custody, with visitation rights in wife.
Headnote as approved by Hall, J.
APPEAL from the Chancery Court of Forrest County; THOMAS D. OTT, Chancellor.
R.L. Calhoun, Earle L. Wingo, Hattiesburg, for appellant.
I. The Court should not have awarded custody of the three minor children to the father rather than to the mother, considering the best interest of the children. Brown v. Brown, 237 Miss. 53, 112 So.2d 556; Evans v. Evans, 195 Miss. 321, 15 So.2d 698; Steele v. Steele, 152 Miss. 365, 118 So. 721.
Lawrence D. Arrington, Hattiesburg, for appellee.
I. The Court was correct in awarding custody of the three minor children to the father rather than to the mother, considering the best interest of the children. Evans v. Evans, 195 Miss. 321, 15 So.2d 698; Steele v. Steele, 152 Miss. 365, 118 So. 721; 39 Am. Jur., Sec. 20 p. 607.
The appellee sued the appellant for a divorce and for custody of three of their minor children, the fourth being nineteen years of age and married.
After hearing the evidence, the chancellor entered a decree awarding the appellee a divorce and awarding him the custody of the three minor children, with the right of the children to visit their mother and with her right to visit them at reasonable times and places. From that decree she appeals.
(Hn 1) It would not be beneficial for us to state the evidence in this case but we have carefully considered it and we are of the opinion that the chancellor, from the evidence, was abundantly justified in entering the decree which he did.
Affirmed.
McGehee, C.J., and Kyle, Ethridge and Gillespie, JJ., concur.