People ex rel. Lewisohn v. Spear

By this writ of habeas corpus the relator asks to be awarded the custody of the child born out of wedlock. Respondent contends that the putative father may not be heard and that an illegitimate child may not be taken from the mother. However, this court will exercise its jurisdiction in the interests of the child, whether born in or out of wedlock, and upon the motion of any person having a proper interest. (Finlay v. Finlay, 240 N. Y. 429; People ex rel. Mahoff v. Matsoui, 139 Misc. 21.)

Much may be said of the pathetic situation presented here, but a few observations will indeed suffice. The…