Clark v. White
Supreme Court of Arkansas
Certiorari to Independence Circuit Court; R. E. Jeffery, Judge; The right of a parent to the custody of his child must yield when the welfare of the child demands it. 78 Ark. 193; 37 Ark. 27; 80 Ark. 287; 82 Ark. 461; 89 Ark. 501. The parent is, in this case, estopped by the terms of her agreement to claim the custody of her children. 50 Ark. 354; 37 Ark. 29. Such contracts are enforceable. 29 Cyc. 1591-92. And where not enforceable, it may be considered by the court for the…
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Certiorari to Independence Circuit Court; R. E. Jeffery, Judge; The right of a parent to the custody of his child must yield when the welfare of the child demands it. 78 Ark. 193; 37 Ark. 27; 80 Ark. 287; 82 Ark. 461; 89 Ark. 501. The parent is, in this case, estopped by the terms of her agreement to claim the custody of her children. 50 Ark. 354; 37 Ark. 29. Such contracts are enforceable. 29 Cyc. 1591-92. And where not enforceable, it may be considered by the court for the purpose of determining the feelings of the parent towards the child. 6 A. & E. Ann. Cas. note 940; 11 Id. 213 and 217.
1Opinion of the CourtMcCulloch, C. J.
On March 16, 1911, the petitioner Mrs. Alice White, placed her five children in the Odd Fellows’ Orphan Home at Batesville, Arkansas, of which the respondent, S. F. Clark,, is superintendent, and on July 17, 1911, she sued out a writ of habeas corpus to recover the custody of the children. On the hearing of the writ, the circuit judge awarded the custody of the children to the petitioner, and that judgment is brought here by certiorari for review.
The Grand Lodge of the Independent Order of Odd Fellows has established and is maintaining at Batesville a home for the orphan children of its…
2Cases cited4 opinions
- Coulter v. SypertSupreme Court of Arkansas · 1906
- Lipsey v. BattleSupreme Court of Arkansas · 1906
- Wofford v. ClarkSupreme Court of Arkansas · 1907
- Jackson v. ClaySupreme Court of Arkansas · 1909
3Cited by7 opinions
- Kirk v. JonesSupreme Court of Arkansas · 1928
- In Re StuartWashington Supreme Court · 1926
- Massey v. FlinnSupreme Court of Arkansas · 1939
- Kimberling v. RogersSupreme Court of Arkansas · 1954
- Richards v. TaylorSupreme Court of Arkansas · 1941
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