Anonymous v. Anonymous

The court in this habeas corpus proceeding is called upon to decide, who, as between the separated father and mother of a five-year-old female child, should be awarded its permanent custody. In the consideration of that perplexing problem, it seems to be well settled in this State that “ a child’s welfare is the first concern of the court upon a habeas corpus proceeding, where the judge acts ‘ as parens patriae to do what is best for the interest of the child ’.” (People ex rel. Kropp v. Shepsky, 305 N. Y. 465, 468.)

Protracted hearings were conducted before me. Many witnesses were heard.

The…