Carter v. Carter
Alabama Court of Appeals
Appeal from Probate Court, Autauga County; M. A. Graham, Judge. - Petition by Leonard Carter, by habeas corpus, to recover the custody of a minor child, directed to Etta Carter, the mother. From an order denying the petition, petitioner appeals. The father is the head of the family and entitled to the possession of the children. 31 Ala. 425; 134 Ala. 317, 32 South. 659, 92 Am.
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Appeal from Probate Court, Autauga County; M. A. Graham, Judge. - Petition by Leonard Carter, by habeas corpus, to recover the custody of a minor child, directed to Etta Carter, the mother. From an order denying the petition, petitioner appeals. The father is the head of the family and entitled to the possession of the children. 31 Ala. 425; 134 Ala. 317, 32 South. 659, 92 Am. St. Rep. 35. The primary consideration is the best interest of the child. 166 Ala. 351, 52 South. 310; 2 Ala. 4pp. 461, 56 South. 5S9; 4 Ala. App. 235, 57 South. 124; 68 Ala. 299; 139 Ala. 231, 35 South. 848; 16S Ala.…
1Opinion of the Court
BRIGKEN, P. X
The parties to this proceeding are the parents of Jesse Lee Garter, a boy child about 14 months old. Eor several months appellant and appellee have been living separate and apart from each other, and the child in question has been with its mother during this period of time.
This is an action of habeas corpus by appellant, to recover the custody of the infaut in question, the petition being filed with and the cause heard and determined by the probate court of Autauga county, who, after hearing the testimony, denied the writ and awarded the custody of the child to the mother.
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2Cases cited6 opinions
- Montgomery v. HughesAlabama Court of Appeals · 1911
- McCay v. ParksSupreme Court of Alabama · 1918
- Cook v. EcholsAlabama Court of Appeals · 1918
- Randle v. WalkerAlabama Court of Appeals · 1919
- Black v. MontgomeryAlabama Court of Appeals · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Powell v. JohnsonSupreme Court of Alabama · 1925