Phipps v. . Vannoy

The petitioner stressfully contends that the father, being a fit and suitable person, has sole right to the custody of his child “as a rule of law,” and that therefore a controversy respecting the child’s custody such as would confer jurisdiction upon the juvenile court cannot arise in the absence of proof of abandonment or other special fact not here appearing.

This position cannot be sustained. The right of petitioner to the custody of his child is not at issue on this appeal. The sole question is one of procedure which, on this record, is jurisdictional. Furthermore, the contention is made…