Hanrahan v. Sears
Supreme Court of New Hampshire
Habeas Corpus. Facts found, and case transferred from the November term, 1902, of the superior court, by Peaslee, J. The plaintiff is a resident of Vermont. July 26, 1894, he was there appointed guardian of the person and estate of Irene Kelly, air orphan five years old and there resident. He then placed her in an orphan asylum in Burlington.
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Habeas Corpus. Facts found, and case transferred from the November term, 1902, of the superior court, by Peaslee, J. The plaintiff is a resident of Vermont. July 26, 1894, he was there appointed guardian of the person and estate of Irene Kelly, air orphan five years old and there resident. He then placed her in an orphan asylum in Burlington. The following year a brother of the defendant and a second cousin of the ward, with the consent of the guardian, took her to the defendant’s home in Claremont, N H., intending (as the defendant says) to support the child and have the care and custody of…
1Opinion of the CourtWalker, J.
Whatever rights a guardian appointed in another state may have to the custody of his minor ward living, with his consent, in this state, it is well settled that upon habeas corpus, whether brought by a parent or a guardian, the controlling consideration is the present and prospective welfare of the child. Even the parent has not an absolute right to its custody. “Ordinarily, a father is entitled to the custody of his minor children, and upon habeas corpus both courts of law and equity have power to award it to him. The 'application, however, being addressed to the sound discretion of the…
2Cases cited2 opinions
- Morgan v. PotterSupreme Court of the United States · 1895
- United States v. GreenU.S. Circuit Court for the District of Rhode Island · 1824
3Cited by21 opinions
- Sampsell v. Superior CourtCalifornia Supreme Court · 1948
- Goldsmith v. SalkeyTexas Supreme Court · 1938
- Morrill v. MorrillSupreme Court of Connecticut · 1910
- Wicks v. CoxTexas Supreme Court · 1948
- Helton v. CrawleySupreme Court of Iowa · 1950
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