Jackson v. Jackson
Oregon Supreme Court
Appeal from Clackamas County. This is a suit by the appellant to obtain a divorce from his w’ife on account of adultery committed by her, and for the custody of Gilbert Roy Jackson, the minor son of the parties, four years of age. The circuit court granted the divorce, but awarded the care and custody of the child to Harrison Ogle, its maternal grandfather, with whom the respondent was living before and since the trial. From this part of the decree the appeal is taken.
1Opinion of the Court
By the Court,
Kelly, C. J.:
By the common law, a father has the paramount right to the care and custody of his minor children, unless it be shown that he is a man of grossly immoral principles or habits, or that he has not the ability to provide for them, or that they have been ill-used by him. (People ex rel. Nickerson, 19 Wend. 16; People ex rel. Olmstead v. Olmstead, 27 Barb. 9.) The statutes of this state somewhat modify the doctrines of the common law, and whenever a marriage is declared to be dissolved, the court has power to decree as follows: “For the future care and custody of the…
2Cases cited2 opinions
- People ex rel. Nickerson v.New York Supreme Court · 1837
- People ex rel. Olmstead v. OlmsteadNew York Supreme Court · 1857
3Cited by8 opinions
- Barnes v. LongOregon Supreme Court · 1909
- Bryant v. DukehartOregon Supreme Court · 1922
- In the Matter of Marriage of Hruby and HrubyOregon Supreme Court · 1987
- Merges v. MergesOregon Supreme Court · 1919
- Gheen v. GheenOregon Supreme Court · 1967
3 more not listed; retrieve them via the Exa API.