Jackson v. Clay
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The welfare of the child, is of paramount importance in cases of this kind.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The welfare of the child, is of paramount importance in cases of this kind. While at common law the father is usually preferred, his right is primary and not absolute, and the mother will be given preference where her custody appears most beneficial to the child. 78 Ark. 193; 28 Cyc. 1590. Where the child has reached sufficient age to exercise discretion, his preference will be given much weight. 28 Cyc. 1596, Misconduct, cruelty to the child, immorality and habitual drunkenness on the part of either parent justifies the court…
1Opinion of the CourtHart, J.
This is a contest between father and mother for the custody of their son, Charlie, who was about 12 years of age at the date of the trial.
When he was born, his mother became seriously ill, and for 30 days was not expected to live. She was confined to her bed tor over two months. She was unable to do anything scarcely for two or three years, according to the testimony of herself and of her mother. In any event, soon after his birth, Charlie was placed in the custody of his paternal grandparents, and remained with them until his grandmother’s death, which occurred in his sixth year. His parents…
2Cases cited3 opinions
- Coulter v. SypertSupreme Court of Arkansas · 1906
- Lipsey v. BattleSupreme Court of Arkansas · 1906
- Wofford v. ClarkSupreme Court of Arkansas · 1907
3Cited by6 opinions
- Vilas v. VilasSupreme Court of Arkansas · 1931
- Aaron v. AaronSupreme Court of Arkansas · 1957
- Clark v. WhiteSupreme Court of Arkansas · 1912
- Tucker v. TuckerSupreme Court of Arkansas · 1944
- Ex Parte ShullSupreme Court of Oklahoma · 1927
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