People ex rel. Fields v. Kaufmann

In this habeas corpus proceeding, Special Term granted the writ and awarded custody to Marion Groen (herein referred to as the petitioner), the mother of the two children involved. They are a daughter aged seven; and a son aged five, who, virtually since birth, has been under the care of the father (referred to herein as the defendant).

In September, 1953, shortly before the birth of the second child, the mother fell victim to paralytic poliomyelitis. She *376achieved rehabilitation and, although not ambulatory, worked as a registered nurse. She is at present employed as a director of nursing and…