State ex rel. Strachota v. Franz
Wisconsin Supreme Court
EeeoR to review a judgment of the circuit court for Marathon county: A. H. Beid, Circuit Judge. This is a writ of error to review a- judgment dismissing a habeas corpus proceeding. The petitioner, Strachotaj. is the father of two children, aged respectively eleven and'nine years, who have lived for more than seven years with their maternal uncle and aunt, John Franz and his sister, Minnie Eranz.
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EeeoR to review a judgment of the circuit court for Marathon county: A. H. Beid, Circuit Judge. This is a writ of error to review a- judgment dismissing a habeas corpus proceeding. The petitioner, Strachotaj. is the father of two children, aged respectively eleven and'nine years, who have lived for more than seven years with their maternal uncle and aunt, John Franz and his sister, Minnie Eranz. The petitioner commenced habeas corpus proceedings to obtain the custody of the children in order that he might place them in charge of William Jaeger and his-wife, living in the county of Eond du…
1Opinion of the Court
WiNsnow, O. J.
In this case it is held:
1. The father’s common-law right to the custody of his infant children is subject to the condition that he be a suitable and fit person for the trust. If the welfare of the children demands that the custody be given to another, the court *35will so order. Sheers v. Stein, 75 Wis. 44, 43 N. W. 728; Lemmin v. Lorfeld, 107 Wis. 264, 83 N. W. 359.
2. The conclusions of the trial court in tbe present case to the effect (1) that the plaintiff in error was an unsuitable person to have the custody or care of the children, (2) that there was no showing that the best…
2Cases cited2 opinions
- Sheers v. SteinWisconsin Supreme Court · 1889
- Lemmin v. LorfeldWisconsin Supreme Court · 1900
3Cited by3 opinions
- Moreno v. Juvenile OfficerMissouri Court of Appeals · 1983
- Crone v. GoetschWisconsin Supreme Court · 1920
- Custody of Collentine v. CollentineWisconsin Supreme Court · 1934