Horton v. Gilmer

SIMPSON, Justice.

This appeal involves the custodial status of an infant. The decree denied a petition of the natural mother for a writ of habeas corpus for her illegitimate female child against the appellees who are in loco parentis by virtue of the mother’s voluntary agreement to relinquish custody of the child to them. The question presented is whether the decree of the trial court leaving the custody of the infant with its foster parents is correct.

The paramount consideration, of course, in dealing with the custody of an infant is the best interest and welfare of the child. 15 Alabama…