McShan v. McShan

Citations

• 56 Miss. 413

Syllabus

<p>Parent and Child. Custody of child. Father’s and mother’s conflicting rights.</p> <p>■While, as a matter of abstract law, the father, as head of the;family, hound to provide therefor, is entitled to the custody of his children, yet such right is modified by the circumstances of each case; and where the mother, whom her husband has deserted, without means, among strangers, has found with her father a pleasant and permanent home, where her two infant girls are excellently cared for, her husband cannot, repenting of having broken up the family, by habeas corpus take the little girls, although the mother refuses his proposals to again cohabit, and declares that the separation shall be perpetual. While the children, if of the age of discretion, could be consulted, yet when very young the court must he guided by their best interests, in view of all the circumstances.</p>