Veach v. Veach

1. Parent and Child ? Right of custody. The mothers right to custody of illegitimate minor child under statute is not absolute. 2. Habeas corpus ? Welfare of child paramount in custody proceeding. In habeas corpus proceeding involving the custody of a minor child, the paramount and controlling question by which the court must be guided is the welfare of the child. 3. Parent and child. A mother may forfeit her right to custody and control of her child by her treatment or abandonment of it or by failing to support it. 4. Habeas corpus ? Order denying appealable. An order denying writ of habeas corpus in a proceeding involving the custody of a minor child is appealable under statute, but determination of facts is with the district court and will not be interfered with unless a clear abuse of discretion appears. 5. Appeal and error ? No request for finding, effect of. Where no request has been made for findings of fact, the presumption is that the trial court found all facts necessary to support its order and judgment. 6. Infants ? No abuse of discretion by district court. In the absence of a showing that, in awarding custody of infant child the trial court abused judicial discretion reposed in it, its judgment will not be disturbed on appeal, and here no such abuse was shown.