Merritt v. Swimley

Citations

• 82 Va. 433
• 1886 Va. LEXIS 55

Syllabus

<p>1. Parent and Child—Custody—Rule.—As a general rule, the father is entitled to the custody and control of his infant child.</p> <p>2. Idem—Exceptions—Judicial discretion.—The rule ceases where the father is unfit and unsuitable; where he has abused, or transferred his right, and it is not for the welfare of the child that he should resume it. In such cases, the court has a discretion, and the polestar for its guidance is the interest of the infant, whose own judgment should be consulted, when the infant is sufficiently matured for its exercise.</p> <p>3. Idem—Case at bar is one where the father had abandoned and transferred his motherless month-old infant to its aunts, who reared it with kindly care for its mental, moral and physical wants, and in happy contentment until 12 years of‘age, was not allowed to resume • custody and control of her against her wishes.</p>