Legal Opinion

Carpenter v. Carpenter

Michigan Supreme Court

Decided July 1, 1907No. Docket No. 100PublishedCited by 16 opinions

Certiorari to Grand Traverse; Mayne, J. Habeas corpus proceedings by Perlie P. Carpenter against Ora A. Carpenter to obtain the custody of an infant. There was judgment for petitioner, and respondent brings certiorari. Petitioner and respondent are husband and wife. Disagreements arising. between them, they separated and. executed articles of separation. They had two children. The older one the wife took, and the younger, by agreement, the father took.

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Certiorari to Grand Traverse; Mayne, J. Habeas corpus proceedings by Perlie P. Carpenter against Ora A. Carpenter to obtain the custody of an infant. There was judgment for petitioner, and respondent brings certiorari. Petitioner and respondent are husband and wife. Disagreements arising. between them, they separated and. executed articles of separation. They had two children. The older one the wife took, and the younger, by agreement, the father took. They executed an agreement, by which it was agreed that the father ‘ ‘ shall retain such custody so long as he gives the child proper care,…

1Opinion of the CourtGrant, J.

(after stating the facts).' A husband and wife, on separating, may make a valid Contract for the care of their minor children. Such contract, while valid between the parties, will not be sustained to the detriment of the minor child, whose interests are of the first consideration. The circuit judge, in his return, finds that the respondent provided for the child in every way as the parties contemplated he would provide at the time they entered into the agreement, and that both are suitable persons to have the care and custody of the child; that the respondent, if awarded the custody of the…

2Cases cited2 opinions

  1. Corrie v. CorrieMichigan Supreme Court · 1880
  2. In re SnedenMichigan Supreme Court · 1895

3Cited by16 opinions

  1. Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
  2. In re GouldMichigan Supreme Court · 1913
  3. In Re ErnstMichigan Supreme Court · 1964
  4. In Re LeuMichigan Supreme Court · 1927
  5. Greene v. WalkerMichigan Supreme Court · 1924

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