Jensen v. Jensen
Wisconsin Supreme Court
Appeal from an order of the municipal court of Racine county: William Smieding, Jr., Judge. This is an appeal from an order after judgment in a divorce action, changing the custody of the minor child of the parties from the mother tO' the father.
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Appeal from an order of the municipal court of Racine county: William Smieding, Jr., Judge. This is an appeal from an order after judgment in a divorce action, changing the custody of the minor child of the parties from the mother tO' the father. The parties lived in Racine and were divorced at the suit of the wife March 24, 1917, and the custody of their only child, Dorothy, then four and one-half years of age, was awarded to the plaintiff, the defendant being required to pay the plaintiff $5 weekly for the child’s support. July 5, 1917, the plaintiff went to Michigan with one Jepeway and…
1Opinion of the CourtWinslow, C. J.
The paramount right of the father to the custody of his children, which was recognized by the common law and by the words of our statute (secs. 3964, 3965, Stats.), has become the merest prima facie right, which yields readily when it is shown not to be best for the child. Welch v. Welch, 33 Wis. 534; Sheers v. Stein, 75 Wis. 44, 43 N. W. 728. The welfare of the child is now the controlling consideration; and with regard tO' children of tender years, especially girls, preference will ordinarily be given to the mother, other things being equal and she not being unfit. The reasons for this last…
2Cases cited7 opinions
- Lanham v. LanhamWisconsin Supreme Court · 1908
- Dudley v. DudleySupreme Court of Iowa · 1911
- Brandon v. BrandonSupreme Court of Kansas · 1875
- Sheers v. SteinWisconsin Supreme Court · 1889
- Umlauf v. UmlaufIllinois Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wendland v. WendlandWisconsin Supreme Court · 1965
- Dovi v. DoviWisconsin Supreme Court · 1944
- In re AlleyWisconsin Supreme Court · 1921
- Acheson v. AchesonWisconsin Supreme Court · 1940
- Kirkpatrick v. KirkpatrickIdaho Supreme Court · 1932
10 more not listed; retrieve them via the Exa API.