Evidence Improperly Excluded
Where there was no hearing on the merits of the mother’s petition to change the custody of the child and the custodial father was not permitted to introduce testimony bearing on the dispute as to the proper person to have the care and custody of the child, as the child was treated as a ward of the court, it was the duty of the court to hear testimony in order to ascertain whether a change in the custody should be made; therefore, the trial court committed reversible error in declining to hear the witnesses tendered by the custodial father on the issue of custody. Gerst v. Gerst
