Caldwell v. Caldwell

Hart, J., (after stating the facts).

The Legislature of 1921 passed an act providing, where the husband and wife are living apart, that there shall be no preference between them as to the custody of their children, but that in each case the welfare of the child must be considered first in determining the custody of such child.

Under this statute the chancellor must keep in view primarily the welfare of the child, and, in case of divorce or separation of the father and mother, will confidents custody to the parent most suitable therefor, as the right of each to its custody is of equal dignity.…