Coffee v. Black

Citations

• 82 Va. 567

Syllabus

<p>1. Parent and Child—Infant—Custody—Habeas corpus.—When a person entitled, but not having custody of infant, is claiming to recover it, the court will exercise its discretion according to the facts, consulting infant’s wishes, if of years of discretion ; and if not, exercising its own judgment as to what will be best calculated to promote the infant’s welfare, having due regard to the legal rights of the claimant. Armstrong v. Stone, 9 Gratt. 107.</p> <p>2. Idem—Transfer.—A parent may transfer to another the custody of his child, and the court will not pronounce that custody an illegal restraint, which is held under fair agreement, and is not injurious to the child.</p> <p>3. Idem—Case at bar.—A case where at death of its mother, the father transferred his daughter, then three years old, to her mother’s sister, who reared her properly and made her happy, and was desirous and able to continue so to do, and the child was loath to leave her aunt. After several years, the father, by writ of habeas corpus, sought to recover custody. It appeared that the change was calculated not to promote the child’s welfare. On appeal—</p> <p>Held :</p> <p>Under the circumstances, the situation of the child should not be changed, and the writ should be denied.</p>