Brickell v. . Hines
Supreme Court of North Carolina
Habeas cobpus proceedings to determine as to care and custody of an infant child, now three and a half years of age, heard, on petition of the parents, before Daniels, J., at chambers in Goldsboro, N. C., on 20 September, 1918. It appeared that the child, in 1916, when one month of age, had been adopted by respondents, on proceedings had in the Hustings Court of the city of Richmond, in 1916, the feme plaintiff, not then married, joining in the petition for adoption, and had…
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Habeas cobpus proceedings to determine as to care and custody of an infant child, now three and a half years of age, heard, on petition of the parents, before Daniels, J., at chambers in Goldsboro, N. C., on 20 September, 1918. It appeared that the child, in 1916, when one month of age, had been adopted by respondents, on proceedings had in the Hustings Court of the city of Richmond, in 1916, the feme plaintiff, not then married, joining in the petition for adoption, and had since been cared for by respondents, now domiciled in North Carolina, petitioners being also resident and domiciled…
1Opinion of the CourtHoke, J.
It has been held in several recent decisions, where the question was directly considered, that parents have prima facie the right to the custody and control of their infant children, and that the same being a natural and substantive right, may not be lightly denied or interfered with by action of the courts. It is further held in these and other cases that this right of the parents is not universal and absolute, but that tbe same may be modified and disregarded when it is made to appear that the welfare of the child clearly requires it. In re Warren, 178 N. C., 43; S. E., 76; In re Means, 176…
2Cases cited9 opinions
- In Re AldermanSupreme Court of North Carolina · 1911
- Newsome v. . BunchSupreme Court of North Carolina · 1907
- In Re MeansSupreme Court of North Carolina · 1918
- In Re TurnerSupreme Court of North Carolina · 1909
- In Re Habeas Corpus of JonesSupreme Court of North Carolina · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- James v. PretlowSupreme Court of North Carolina · 1955
- In Re SheltonSupreme Court of North Carolina · 1932
- In Re CostonSupreme Court of North Carolina · 1924
- Spitzer v. LewarkSupreme Court of North Carolina · 1963
- Spitzer v. LewarkSupreme Court of North Carolina · 1963
4 more not listed; retrieve them via the Exa API.