Haynes v. Haynes ( 1979 )

White, J.,

dissenting.

I dissent. The majority has neither found the father to be unfit nor to have abandoned his children.

In Williams v. Williams, 161 Neb. 686, 74 N. W. 2d 543, we said, in an action involving a contest between the father and the paternal grandparents: “The courts may not properly deprive a parent of the custody of a minor child unless it is shown that such parent is unfit to perform the duties imposed by the relation, or has forfeited that right.”

The majority has overruled Williams v. Williams, supra, while appearing to approve it. I would reverse.

Clinton, J., joins in this dissent, except as to the conclusion that Williams v. Williams, supra, has been overruled.