Bodeau v. Bodeau

The statute in question (P. L., c. 288, s. 9), provides as follows: “9. Property, etc. If a woman, the wife of an alien or of a citizen of another state, has resided in this state six months successively, separate from her husband, she may acquire and hold real and personal estate, and convey it the same as if she were sole and unmarried, and shall have the exclusive care, custody and guardianship of her minor children living with her in the state; . . .” Under this statute we have held that “it does not give the mother an absolute right of custody. Her right, in the absence of judicial…