Pruitt v. Jones

The issue, as we view this cause, is whether the Court of Appeals erred when it summarily granted custody of an illegitimate child to the natural mother in a dispute with the natural father in a habeas corpus proceeding. The Court of Appeals’ decision, issued prior to the legitimization order, took the fact of illegitimacy into account in finding appellee’s right to present custody.

Judge Day, in his dissenting opinion, stated that no writ should be granted until there is first a determination as to the best interests of the child. We agree.

Over 100 years ago this court, in a habeas corpus…