Estate & Guardianship of Smith

Citations

• 1 Coffey 169

Syllabus

<p>Guardianship—Welfare of Child.—The First Point to be Considered, in adjudging the custody or guardianship of a minor, is the best interests of the child with respect to its temporal, mental and moral welfare.</p> <p>Guardianship—Preference of Minor.—In determining what is for the best interests of a child, in adjudging its custody or guardianship, the court may consider the child’s preference, if it is of sufficient age to form an intelligent preference.</p> <p>Guardianship—Welfare of Child.—In guardianship matters the court acts for and on behalf of the child, and must regard, as the paramount consideration, the interest and welfare of the child. To this every other consideration must yield.</p> <p>Guardianship.—The Father is Prima Facie Entitled to the Custody of His Child. But this is not an absolute right; it may be controlled by other considerations; and, if the father is unable or unfit to take charge of the child and educate it suitably, the court will not interfere to take the child from those who are fit and able to so maintain and educate it.</p> <p>Guardianship—Father’s Eight to Child’s Custody.—As a general rule, courts assent to the proposition that natural right and public policy, as well as the safety of the social structure, require that the father should have the custody of his child. But this is not imperative upon the court; it bends to the interests of the child.</p> <p>Guardianship—Considerations in Awarding Custody of Child.—It is within the court’s sound discretion whether the custody of a child will be given to the father. The court should consider not only the father’s fitness, but the condition of the child with its present custodians, its relation to them, the present and prospective provision for its support and welfare; the facts as to its present home—its duration, and whether with the father’s consent, and upon understanding of permanency; the strength of the ties formed, and the child’s wishes if it is of an age of discretion.</p>