Shipps v. Shipps

1. Whether or not the instant proceeding involving the custody of children of divorced parents should be considered as governed by the law applicable to awarding custody of children in a divorce case or by the law applicable to such custody *495in a habeas-corpus case, tbe paramount question for determination was the best interest and welfare of the children, after consideration of all the facts and circumstances, including the natural and legal rights of the parents. In either view the trial judge was vested with a discretion to award custody to a third person, provided it appeared that such…