Herbert, J., concurring in the syllabus. I concur in the syllabus because of my belief that the welfare of this child should be the touchstone of our inquiry. As I read the syllabus, a parent would be considered “unsuitable” for custody if such an award would be detrimental to the child. This satisfies my concern for Tracy Perales at this stage of her growth and development. Moreover, I cannot believe that the trial judge did…
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