Porter v. Porter

Citations

• 60 Fla. 407

Syllabus

<p>1. ' Statutes regulating tbe use of the writ of habeas corpus do not preclude the operation of common law principles in the use of the writ, unless such an intent is manifest in the statutes.</p> <p>2. At common law the father has the paramount right to the custody and control of his legitimate minor children, subject only to lawful regulations for the benefit of the children. During the father’s life the right of the mother as such remains in abeyance.</p> <p>3. Prima facie at least the father is entitled to the custody of his minor children as against the exclusive possession by the mother, and any detention of such children from the father by the mother may be “without lawful authority” within the meaning of the statutes regulating the use of the writ of habeas corpus.</p> <p>4. In discharging infants of tender years from unlawful restraint or custody the judgment of discharge is not complete or effective unless a proper order is made for the protection and welfare of the infant. This necessarily includes an order committing the infant to the care and custody of some proper person.</p> <p>5. The speedy and effective remedy afforded by the writ of habeas corpus at common law or under the statutes does not conflict with the lawful jurisdiction of courts of equity with reference to infants.</p>