Mouton v. Romain

The writer respectfully dissents from the refusal to grant a rehearing herein.

The majority has affirmed the trial court’s restoration to the mother of the custody of a three-year old child, although the mother had voluntarily surrendered the child soon after birth to the defendants and, so far as the record shows, had never visited with the child since. Just seven weeks earlier the same trial court had denied the mother’s writ for return of the child on the ground that the mother was morally unfit as living in open concubinage with a man married to another.

The majority of this court has…