Andrews v. Andrews
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; W. A. Falconer, Chancellor; Under the law the father is first -entitled to the custody -of his child. 37 Ark. 27. This rule is universally followed by this court, and there is no reason why it -should not be applied here. Of course, the. State, as parens patriae, acting through the -chancery -court, -can modify the rule, for good reasons shown, but this power is never -exercised to the child’s injury.
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Appeal from Sebastian Chancery Court; W. A. Falconer, Chancellor; Under the law the father is first -entitled to the custody -of his child. 37 Ark. 27. This rule is universally followed by this court, and there is no reason why it -should not be applied here. Of course, the. State, as parens patriae, acting through the -chancery -court, -can modify the rule, for good reasons shown, but this power is never -exercised to the child’s injury. The best interest of the -child -should always be -considered. Upon the evidence, the decree is contrary to the evidence, -and should be reversed. This is a…
1Opinion of the CourtSmith, J.
This case involves the right to the custody of an infant girl child named Alletta Andrews, and the parties to the litigation .are its father and mother. The court below awarded the custody of the child to the mother, hut imposed the condition that the father should he permitted to see the child at all reasonable times, and required the mother to give a bond, with her father, with whom she is now living, as surety, that the child should not be taken out of the jurisdiction of the court.
It appears that, after having borne a good reputation from earliest childhood, the wife forgot her duty and…
2Cases cited2 opinions
- Lipsey v. BattleSupreme Court of Arkansas · 1906
- Mantooth v. HopkinsSupreme Court of Arkansas · 1913
3Cited by7 opinions
- Kansas City Fibre Box Co. v. F. Burkart Manufacturing Co.Supreme Court of Arkansas · 1931
- On the Relation of Rosenbarger v. MAR. CCIndiana Supreme Court · 1958
- Phifer v. PhiferSupreme Court of Arkansas · 1939
- Weber v. WeberSupreme Court of Arkansas · 1974
- Stone v. CroftonSupreme Court of Arkansas · 1922
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