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FREYE v. FREYE

No. 213.

56 Wis.2d 193 (1972)

201 N.W.2d 504

FREYE, Respondent, v. FREYE, Appellant.

Supreme Court of Wisconsin.

Decided October 31, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Donald W. Kaatz of Madison.

For the respondent there was a brief by Alan H. Frank, Legal Services Center of Dane County, Inc., and oral argument by Robert O. Burr of Madison.

HANLEY, J.

Two issues are raised on this appeal:

(1) Was the trial court of the opinion that it had to find the mother unfit before it could award custody to appellant; and

(2) Did the trial court abuse its discretion in allowing the custody of Dawn Marie to remain with her mother?

Appellant's first contention is that the trial court erred in placing upon him the improper burden of having to prove "unfitness" of the plaintiff as a condition...

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