State Ex Rel. Brode v. Hatcher

I am in accord with the reversal of the decision of the trial judge and the ruling that relator, under the law and the evidence, is entitled to the custody of his daughter. But I think relator should be granted relief on the record as presented here and can see no substantial reason for remanding the case in order to permit the collateral relatives to further inquire into relator’s qualifications to reassume his status as father of the child in the paternal home (see Civil Code, Article 218) which no one doubts he has properly occupied since her birth. The remand serves only to further the…