Sheehy v. Sheehy

“The jurisdiction of a State to regulate the custody of infants found within its territory does not depend upon the domicile of the parents. It has its origin in the protection that is due to the incompetent or helpless. .. . For this, the residence of the child suffices though the domicile be elsewhere. ” Finlay v. Finlay, 240 N. Y. 429, and cases cited. Furthermore, since the welfare of the child is the controlling consideration and since it is not chargeable with its parent’s misconduct, this jurisdiction will be exercised even though the child was brought to this state by its parent…