Legal Opinion · Dissent

Cousins v. Smith

Supreme Court of Arkansas

Decided March 12, 1973No. 5-6178Published

1DissentCarleton Harris, Chief Justice

I would reverse this case for two reasons, first, because, under our cases, unless there are extraordinary reasons for not doing so, the mother is favored to have custody of small children. In the next place, and more important, I would reverse the case because I strongly feel that the welfare of the two little girls demands that they be placed with her. These children are six and three years of age and accordingly it will be a long number of years before either attains her majority. The choice on this point is simply whether the little girls will be better off with their own mother (who has…

2Cases cited5 opinions

  1. Haller v. HallerSupreme Court of Arkansas · 1962
  2. Townsend v. LowreySupreme Court of Arkansas · 1964
  3. Bornhoff v. ThompsonSupreme Court of Arkansas · 1963
  4. Perkins v. PerkinsSupreme Court of Arkansas · 1956
  5. Wimberly v. WimberlySupreme Court of Arkansas · 1941

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