Jones v. Bryant

The petition is for habeas corpus to try the right of custody of an infant. It is immaterial by what pleading the question may be presented; it is a civil procedure that is governed by the question of fact, with the present and future welfare and interest of the child as the controlling factor. Powell v. Johnson, 104 So. 526, 213 Ala. 259; Tillman v. Walters (Ala. Sup.) 108 So. 62; Kirkbride v. Harvey, 35 So. 848, 139 Ala. 231; Children’s Aid Soc. v. Davis, 100 So. 325, 211 Ala. 344.

[21 In the application of this principle in the light of the public policy of this state, it has been held that…