Holderle v. Holderle

I concur in the principal opinion, but wish to add several points.

The constitutional power of the state with respect to the custody of minor children rests upon two quite distinct grounds. The first is the determination of custody as between parents, which necessarily arises upon the separation of the parents. Since annulment and divorce grant the right to live separately, and an alimony only action presupposes a separation, the granting of one of these types of relief gives the state, through its court, the incidental or ancillary authority to determine custody as between the parents. If the…