Estate of Linden

Citations

• 1 Myrick 215

Syllabus

<p>Custody of the bebson of a ramos.—The father is entitled to such custody, as 'against any person other than the mother; subject, however, to the paramount duty of the Court to consider in awarding such custody, whether it will be “ for the best interest of the child in respect to its temporal and its mental and moral welfare.”</p> <p>A father, by leaving a child for any period in the care and custody of another, does not, by that act alone, forfeit his right to re-enter upon his right and duty.</p> <p>In granting letters to the father, the Court may incorporate in the order such stipulations and directions binding the father in the matter of the personal custody of the child, as may beflt its temporal and moral welfare.</p> <p>An unsettled mode of life and a harsh disposition are matter's to be considered in the light of objections to the granting the custody of a minor to a father when a happier mode of disposing of the child offers itself.</p> <p>Construing sections, O. 0., 197, 213, 246, 251; C. C. P., 1751, 1755.</p>