Williams v. Perry

WILLSON, O. J.

(after stating the case as above).

Appellant insists, in effect, that his right to the custody of the children was absolute, and that it was error to deny him such custody in the absence of pleading and proof showing that he had voluntarily parted with such right. The contention is on the theory advanced by the petitioner in Ex parte Sams (Tex. Civ. App.) 161 S. W. 388, 389, that “the district court [quoting] in a habeas corpus proceeding has. no right to inquire into the matter of the fitness of a parent to care for his minor child, unless it is first shown that said parent has…