In re Gates

Citations

• 95 Cal. 461
• 30 P. 596
• 1892 Cal. LEXIS 850

Syllabus

<p>Parent and Child — Custody of Child by Uncle and Aunt — Habeas Corpus — Right of Mother — Choice of Child. —Upon the hearing of a writ of habeas cwyus sued out by the mother of a child to recover its custody from its uncle, who had been appointed as its guardian by the superior court, although it may appear that the order appointing the guardian was void for want of jurisdiction, yet where the mother voluntarily relinquished the care of the child when she was scarcely a year old, and ever since she was two years of age left her in the exclusi* e charge and control of her uncle and aunt, the mother seeing the child but twice in nearly nine years, and the child’s material interests will be promoted by leaving her with the uncle and aunt, with whom the child herself chooses to remain, no coercive order will be made by the court by which the mere legal right of the mother to the custody of the child may be enforced against the child’s manifest inclination and reasonable choice to remain with her uncle and aunt, but the child will be left free to go to the home of her choice.</p>