Moore v. Christian

Citations

• 56 Miss. 408

Syllabus

<p>1. Parent AMD Child. Custody of child. Mother’s right.</p> <p>A -widowed mother, though poor and dependent, is entitled to the custody of her thirteen-year-old son, notwithstanding he prefers remaining with a kind man, of good character and means, to whom his father contracted him.</p> <p>2. Habeas Corpus. Withholding custody defined.</p> <p>To harbor a child absconding from his home, and forbid his mother using her parental authority to compel his return, is to withhold the custody of the child from the person entitled to it, within the meaning of sect. 1396 of the Code of 1871, notwithstanding the child has permission to leave if he wishes to do so, and he stays from inclination. Maples v. Maples, 49 Miss. 393, partly overruled.</p>