Burton v. Russell

190 Va. 339 (1950)

WALTER RUSSELL BURTON AND GRACE E. BURTON

v.

DAVID DIXON RUSSELL.

Record No. 3553.

Supreme Court of Virginia.

January 16, 1950.

William Old, for the plaintiffs in error.

Rooke & Merhige, for the defendant in error.

Present, All the Justices.

1. Where the award of an infant's custody is in question, courts exercise equity jurisdiction and possess a discretion, according to the facts, to do that which is best calculated to promote the child's welfare.

2. The ancient rule that the father, when a proper person, is always entitled to the custody of his infant child, has been modified by…