Duncan v. Duncan

Citations

• 119 Miss. 271
• 80 So. 697

Syllabus

<p>1. DIVORCE. Custody of children.</p> <p>The right of the father under the common law to the custody of his legally begotten minor child as against its mother, in a contest between them, has been modified by our statute, Code of 1906, section 1673 (Hemingway’s Code, section 1415), to the extent that, while due regard should be paid thereto, the best interest of the child is now the question for prime consideration, and it should be placed in the custody of the parent best calculated, under all the circumstances, to promote its welfare.</p> <p>2. Divorce. Custody of child.</p> <p>The fact that a father drinks whiskey and plays poker to a limited extent, does not make him an unsuitable person to intrust with' the custody of his child.</p> <p>3. Divorce. Custody of minor child.</p> <p>Where a father is financially able to take care of his minor child and the mother is not, the father will be given the custody of the child, if he is a suitable person.</p> <p>4. Same.</p> <p>The fact that if the mother is given the custody of the child, it will be taken out of the state and thus render the courts of this state powerless to afford the father any relief, he might become entitled to under changed conditions, while not controlling, should be considered along with the other facts in the case.</p> <p>5. Same.</p> <p>' Where a husband obtained a divorce on the ground of adultery and' hardships will necessarily follow any decree awarding the custody of the- child, still justice demands that such hardspips shall fall lightest on the unoffending party.</p>