Giacopelli v. the Crittenton Home

Nick and Helen Giacopelli, husband and wife, filed a petition for writ of habeas corpus in the circuit court of Peoria County
against Anthony and Doris Legaz, to secure the custody of petitioners' four-month-old son, Thomas Giacopelli. A return was
filed alleging that petitioners had abandoned the child and were not fit to have its care and custody. The cause was tried
by the court, which found that the welfare of the child would be best served by denying custody to petitioners. The writ was
quashed, and the child was remanded to the custody of respondents. On review by the Appellate Court the order was reversed,
with directions to return the child to petitioners. (Giacopelli v. Florence Crittenton Home, 16 Ill. App.2d 445.) We have
granted leave to appeal. A determination of this cause requires a detailed analysis of the evidence adduced on the hearing in the trial court. Petitioners,
Nick and Helen Giacopelli, were married March 10, 1955. At the time of the hearing in July, 1957, Nick Giacopelli was 38 years
of age and Helen Giacopelli was 44 years of age. Nick Giacopelli had previously married three times, in 1943, 1944, and 1949.
Each of these marriages ended in divorce, the first for the wife's fault and the other two for his fault. The second and third
marriages were consummated at times when Nick Giacopelli was not yet divorced from his first wife, he not having secured a
divorce from his first wife until 1950. By his third marriage he had one child who is now in the custody of the child's mother.
Helen Giacopelli had been previously married once and divorced some 15 years ago. She had two children by the prior marriage.
Her daughter is married and lives at Normal, Illinois, and her son is in the service. At present, petitioners are living in
St. Louis, Missouri, in a 4-room apartment occupied by the mother of Nick Giacopelli.