Opinion
June 2, 1952 —
June 20, 1952.
APPEAL from a part of a judgment of the circuit court for Milwaukee county: WILLIAM I. O'NEILL, Circuit Judge. Affirmed.
For the appellant there was a brief by Herman L. Wiernick, attorney, and Nathan Ruppa of counsel, both of Milwaukee, and oral argument by Mr. Ruppa.
For the respondent there was a brief by Shaw, Muskat Paulsen of Milwaukee, and oral argument by Carl Muskat.
By a decree of divorce granted November 27, 1951, in favor of the plaintiff, the trial court awarded him custody of the three sons of the parties. The boys are seventeen, fifteen, and eleven years old. The defendant appeals, contending that the trial court's determination that she was unfit to have the custody of the children lacks sufficient support in the evidence.
Findings of fact by the trial judge are not to be set aside on appeal unless they are contrary to the great weight and clear preponderance of the evidence. Swazee v. Lee (1951), 259 Wis. 136, 47 N.W.2d 733; Estate of Witwer (1948), 253 Wis. 536, 34 N.W.2d 671. In matters of custody, the welfare of the child is the controlling consideration. Hansen v. Hansen (1947), 251 Wis. 574, 30 N.W.2d 227. We have read the testimony and conclude that a recitation of it here is inconsistent with a proper regard for the welfare of the children. It supports overwhelmingly the findings and conclusions of the learned trial court.
By the Court. — Judgment affirmed.
FAIRCHILD, J., took no part.