Garrett v. Mahaley
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Heard before Hon. James E. Horton, Jr. Sarah Garrett petitions for the custody of her daughter Mattie by writ of habeas corpus directed to William Mahaley. The chancellor denied the petition, and petitioner appeals. Petitioner is an unmarried woman 32 years of age, and has borne four children, of whom the subject of this suit is the youngest.
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Appeal from Limestone Chancery Court. Heard before Hon. James E. Horton, Jr. Sarah Garrett petitions for the custody of her daughter Mattie by writ of habeas corpus directed to William Mahaley. The chancellor denied the petition, and petitioner appeals. Petitioner is an unmarried woman 32 years of age, and has borne four children, of whom the subject of this suit is the youngest. She lives with her father, who is fairly well to do financially, and is able and willing to help petitioner in the nurture and- support of her child. Petitioner has no means of her own, but works crops on her…
1Opinion of the Court
SOMERVILLE, J.(1) In awarding the custody of a minor child as between opposing claimants, the dominant consideration is always the welfare of the child. An important, but strictly subsidiary, consideration, is the highly regarded natural rights of a parent, or secondarily, of a blood relation, or even of a stranger in blood if established in loco parentis.
It has been said in this state that the father of a bastard, merely as such, is not entitled to any preference with respect to its custody.—Matthews v. Hobbs, 51 Ala. 210. In that case, however, the contest was between the putative father…
2Cases cited6 opinions
- International Ocean Telegraph Co. v. SaundersSupreme Court of Florida · 1893
- State v. NestavalSupreme Court of Minnesota · 1898
- Pote's AppealSupreme Court of Pennsylvania · 1884
- Aycock v. HamptonMississippi Supreme Court · 1904
- Barela v. RobertsTexas Supreme Court · 1871
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3Cited by24 opinions
- W.B.Z. v. D.J.Supreme Court of Alabama · 1994
- Guardianship of SmithCalifornia Supreme Court · 1954
- State Ex Rel. Lewis v. Lutheran Social Services of Wisconsin & Upper MichiganWisconsin Supreme Court · 1973
- Griggs v. BarnesSupreme Court of Alabama · 1955
- Jackson v. FarmerSupreme Court of Alabama · 1945
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