GRUBBS v. GRUBBS

No. 51,159

5 Kan. App. 2d 694 (1981)

623 P.2d 546

ROBERT G. GRUBBS, Plaintiff-Appellant, v. LILA K. GRUBBS, Defendant-Appellee.

Court of Appeals of Kansas.

Petition for review denied April 29, 1981.


Attorney(s) appearing for the Case

Christopher Randall, of Turner & Boisseau, of Wichita, for the appellant.

William C. Rein, of Larned, for the appellee.

Before FOTH, C.J., MEYER, J., and HARRY G. MILLER, District Judge Retired, sitting by designation.


FOTH, C.J.:

In this divorce case the only issue on appeal is whether the trial court improperly applied the "tender years" doctrine in awarding custody of the parties' two-year-old son to the defendant-appellee mother.

At trial the husband's evidence on the custody issue was largely devoted to an attempt to show that the wife was unfit. To this end he produced witnesses who testified about defendant's performance of her job at Larned State Hospital, and in...

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