Boardman v. Boardman

The only question presented by this appeal is whether a court of this state had the right in a habeas corpus action to determine the custody of a minor child of the parties who, since their separation, has lived with the mother, the defendant, in this state, despite the fact that the father, the plaintiff, obtained in New York, his domicil and the marital domicil, a separation decree in which an order dividing the custody of the child between the parties was made. The action was brought by the father to secure possession of the child. The trial court awarded custody to the defendant, except…