Altemeier v. Rachford

Opinion or the Court by

Judge Tileord

— -Reversing.

This is a habeas corpus proceeding in which the appellant sought, but was denied, the custody of her infant daughter, Patricia, who resides with, and is being reared by, the appellee, her paternal grandmother. The child’s father died on February 20, 1942, and since it is the settled law of this jurisdiction that the surviving parent is entitled to the custody of all children born of the marriage, except where the parent is unfit for that purpose, or, consistent with the welfare of the child has waived all right by contract, or the welfare of…