Chamberlain v. Chamberlain

Technically, I suppose it may be conceded that this is a divorce proceeding, as denominated by the court’s opinion, but essentially, so far as substantive rights are concerned, it presents the claim of a mother to the custody of her three-year old daughter, and her substantive and prior right should control us in our consideration of the legal factors involved. Certainly, it would be conceded— other things being equal — that the little girl should be with her mother, regardless of what aspersions may have been cast upon her character.

Three proceedings are involved: Habeas corpus, annulment,…