Taylor v. Taylor

WELCH, X

(dissenting). I think the decision in this case, without sufficient grounds, denies this father his statutory right and common-law right to the custody of his son, the record and opinion disclosing that the father is of good moral character and now able to properly rear and care for his child. And in reaching that conclusion the decision here is in favor of the defendant, who is not related in any manner to the child.

The opinion purports in the third paragraph of the syllabus to follow Bishop v. Benear, 132 Okla. 116, 270 P. 509, but in that case the contest was between the father of…