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Habeas Corpus ? Parent and Child ? Custody of Infant ? Welfare of Child Paramount Consideration ? As Between Parent and Grandparent, Former Preferred ? Discretion in District Court ? When Its Decision Controlling on Appeal. Parent and Child ? Custody of Infant ? Discretion ? Decision of District Court not to be Disturbed on Appeal ? Exception to Rule. 1. The decision of a district judge in a controversy affecting rights to the custody of a child of tender years ought not to be disturbed on appeal except upon a clear showing of an abuse of judicial discretion. Same ? Custody of Infant ? Welfare of Child Paramount Consideration. 2. In proceedings affecting the custody of an infant child, the paramount and controlling consideration by which the court must be guided is the welfare of the child (sec. 5878, Rev. Codes 1921), this rule not to be understood, however, as warranting the taking of the child from a parent and awarding its custody to the other party who can surround it with greater advantages and comforts or will be able to give or bequeath to it a greater amount of money or property, the law requiring no more than that the parent be honest and respectable, with disposition and capacity to maintain and educate it. Same ? As Between Parent and Grandparent, Former Preferred as Custodian of Child Unless Unfit. 3. As between the parent and grandparent, the law prefers the former as the custodian of an infant child, unless the parent is incompetent or unfit because of poverty or depravity to provide the physical comforts and moral training essential to the life and well-being of the child. Same ? Habeas Corpus ? Divorced Mother of Female Child Held Entitled to Custody as Against Paternal Grandmother. 4. Under the above rules, held, on appeal in a habeas corpus proceeding by a divorced mother against the mother of the deceased father to regain the custody of her infant daughter, that the trial court properly found in favor of the complainant, morally fit to have the childs custody and able to support and educate her, even though it appeared that the grandmother was equally fit in every way to have its custody and able and willing to furnish the child with greater advantages than could the mother. - Page 119 Same ? Welfare of Child ? What Constitutes Important Item in Determining Custody as Between Mother and Another. 5. In considering the welfare of a child under rule 2 above, where a mother has two infant children, the custody of one of which she seeks to regain by habeas corpus, the advantage flowing from the companionship of the two, important in the development of character and an unselfish disposition, should not be overlooked.

Professional & Technical
July 19
LawApp Publishers
Innodata Book Distribution Services Inc

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