Atkinson v. . Downing
Supreme Court of North Carolina
Habeas ooepus proceedings involving the right to present custody of an 11-year-old female child, heard before Bond, J., at October Term, 1917, of Bladew. The petitioner being the father of the child and the respondent being the maternal grandfather.
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Habeas ooepus proceedings involving the right to present custody of an 11-year-old female child, heard before Bond, J., at October Term, 1917, of Bladew. The petitioner being the father of the child and the respondent being the maternal grandfather. The court heard the testimony and made findings of fact thereon, in part, as follows: 1. That petitioner is the father of the child, and the child is now about 11 years of age. 2. That the mother of the child died at the home of the mother’s father seven or eight years ago. That several months prior to the death of his daughter, at her request,…
1Opinion of the CourtHoke, J.
It is fully recognized in this State that parents have prima facie the right of the custody and control of their infant children, a natural and substantive right not to be lightly denied or interfered with except when the good of the child clearly requires it. In re Mercer Fain, 172 N. C., 790; In re Mary J. Jones, 153 N. C., 312; Newsome v. Bunch, 144 N. C., 15; Latham v. Ellis, 116 N. C., 30.
In the case of Mary Jane Jones, it is held that “this parental right should prevail whenever, being of good character, they have the capacity and disposition to care for and rear their children properly…
2Cases cited10 opinions
- In Re AldermanSupreme Court of North Carolina · 1911
- Bryan v. LyonIndiana Supreme Court · 1885
- Matter of WelchNew York Court of Appeals · 1878
- Newsome v. . BunchSupreme Court of North Carolina · 1907
- Latham v. . EllisSupreme Court of North Carolina · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re L.E.M.Supreme Court of North Carolina · 2019
- James v. PretlowSupreme Court of North Carolina · 1955
- State v. . BurnettSupreme Court of North Carolina · 1920
- In Re MeansSupreme Court of North Carolina · 1918
- In Re SheltonSupreme Court of North Carolina · 1932
12 more not listed; retrieve them via the Exa API.