Addams v. State ex rel. Hubbell

Citations

• 104 Ohio St. (N.S.) 475

Syllabus

<p>Jurisdiction — Court of .insolvency of Cuyahoga county — Divorce, alimony and custody of children — Jurisdiction of custody continuing and exclusive, when — Power of prohate court to appoint guardian — Capacity of such guardian to institute ' suit.</p> <p>1. The court of insolvency of Cuyahoga county in matters of divorce, alimony and the custody of minor children is by statute granted the same jurisdiction as the- court of common pleas.</p> <p>2. Such jurisdiction when once regularly attached is a continuing jurisdiction over the subject-matter and the parties to an action of divorce, alimony and the custody of minor children.</p> <p>3. Any order of such court touching the guardianship of a minor child is subject to be modified from time to time, as in the judgment of the court the beBt interests of the child may require.</p> <p>4. During such continuing jurisdiction other courts, whether inferior or superior, having concurrent jurisdiction • of the custody of minor children, are by long and well-settled practice of this state denied the exercise of such jurisdiction.</p> <p>5. During such continuing jurisdiction of the court of insolvency over a minor child, an order purporting to be made by any other court, appointing a third party as guardian of the person of the minor child, is null and void.</p> <p>6. Any guardian of the person of such minor child appointed by a court other than the court of insolvency, which had first taken jurisdiction of the Child, is without capacity to sue as such guardian in any court of record in this state.</p>