Washaw v. Gimble
Supreme Court of Arkansas
Certiorari to Pope Circuit Court. G-EO. S. CUNNINGHAM, Judge. 1. The father is the natural guardian of his infant, and entitled to its custody. 37 Ark,,29. In a contest with a stranger the father’s right is absolute, if he is a proper person to be entrusted with it. The interest of the child alone will not govern. 2. Contracts by which a father parts with the care and custody of his child are against public policy and void, and he can reclaim it. Schouler Dom.
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Certiorari to Pope Circuit Court. G-EO. S. CUNNINGHAM, Judge. 1. The father is the natural guardian of his infant, and entitled to its custody. 37 Ark,,29. In a contest with a stranger the father’s right is absolute, if he is a proper person to be entrusted with it. The interest of the child alone will not govern. 2. Contracts by which a father parts with the care and custody of his child are against public policy and void, and he can reclaim it. Schouler Dom. Pel., sec. 343; 45 Am. Dec., 399 ; 38 ld„ 644 ; 34 Ind. St., 168. No time being specified as to how long appellee should keep the…
1Opinion of the CourtCockrill, C. J.
This is a controversy about the custody •of a child four and a half years old. The parties are all members of a German Lutheran colony in Johnson county, and are neighbors. The child’s mother, who was the appellant’s wife, died when it was only a day or two old. The father had children by a former wife, but his daughters, who were the only females in his family, were too young to undertake the responsibility of rearing the infant, At the funeral services of the mother the pastor of the congregation to which she had belonged, at the instance of the father, appealed to the members of his flock…
2Cases cited1 opinion
- Chapsky v. WoodSupreme Court of Kansas · 1881
3Cited by22 opinions
- Holmes v. ColemanSupreme Court of Arkansas · 1937
- Loewe v. ShookSupreme Court of Arkansas · 1926
- Pra v. GherardiniNew Mexico Supreme Court · 1930
- Kirk v. JonesSupreme Court of Arkansas · 1928
- Parks v. CrowleySupreme Court of Arkansas · 1953
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