Stone v. Chip

In People ex rel. Meredith v. Meredith (272 App. Div. 79, aifd. 297 N. Y. 692) the appellate court (p. 82) stated that, in regard to a dispute on custody between a mother and the putative father of a child born out of wedlock, “ The proper statement of the rule is that the mother of an illegitimate child is prima facie entitled to its custody and, when she is a proper and suitable person, the court will award its custody to her as against the father or any one else.” The court, however, went on to say that: ‘ ‘ When the question of the custody of children is brought before the court by habeas…