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I.rTTS, C.J., concurring specially:
I anree with the majority opinion, but would
observc ttiat had the issue of custody been before the trial
court tt~is court would probably not have reversed any hold-
ing granting custody to the father. There is evidence in
the record suqgesting that this five year old child may have
bcen severely beaten while in the mother's care. Certainlv
shc was badly injured.
~ The muddled record also suggests that the question
~of custod}~ is, or was,pending before at least two other
tribun.~ls. It is to be hoped that the best interests of
ttiis child kill be most carefully considered by all applic-
able courts ~nd agencies if and when the issue of custody
comes before them.
~ ~ -9 I~H ~ 51
c~~re s ~~c n~ c
sr.cu!~ "~cdHT~'r.« A.
ROG~R P@ITRA'~
CLERK CIRCUIT COL'R; p
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