Wilkinson v. Deming

Citations

• 80 Ill. 342

Syllabus

<p>1. Divobce—effect of decree on right to custody of child. A decree on divorce, being granted for the fault of the husband, and giving the custody absolutely to the mother, takes away, ipso facto, all control of the father over the child, until it is restored by the action of the proper court.</p> <p>2. Same—right of mothe/r to appoint testamentary gum'dian. Where the custody of a child is given to the mother by decree, on divorce for the father’s fault, she may, by will, appoint a guardian for such child; and where such guardian is not shown to be an unfit person, and the child expresses a desire to remain with such guardian, who is a relative and attached to the child, the court, on the application of thg father, will not give him its custody.</p> <p>3. Pbactice—objection to evidence. On an application by a divorced father for the custody of his child, he can not assign for error that the court admitted ex parte affidavits in evidence against him, where the record shows no objection made to them.</p> <p>4. Evidence—withdrawn answer. Where a party withdraws his answer to a bill for divorce, and suffers a decree to pass for want of an answer, he can not, afterwards, in a contest as to the custody of a child, read the same in evidence, as it ceases to exist as an answer after withdrawal.</p>