Cunningham v. Barnes
West Virginia Supreme Court
I. — The interest of the minor child is the first or paramount consideration. — 51 F". W. Rep. 1155. II. — A father may abandon his right to infants custody. — 7 FT.
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I. — The interest of the minor child is the first or paramount consideration. — 51 F". W. Rep. 1155. II. — A father may abandon his right to infants custody. — 7 FT. W. Rep. 889. III.— Where the father has parted with the custody of his minor child and seeks to regain it, he must show that the change (back to his custody) will materially promote the child’s welfare, morally and physically. — 35 W. Fa. 698 ; 37 Ark. 29. I. — The action of the court below, the judge of the fourth judicial circuit, was regular and legal. — 2 Cliit. Blacks. 104 ; Code, c. 3 ; 6 Eiw. & Am. Ency. Law, 180 ; 57 la.…
1Opinion of the Court
ENGLISH, PRESIDENT :
This was a writ of habeas corpus issued in vacation by the judge of the fourth judicial circuit of this State, upon the petition of A. L. Cunniugham, against William Barnes and Bahama Barnes, for the purpose of obtaining the custody of his infant daughter, Tlmrsby Cunningham, who, at the time said petition was filed or presented, was seven years of age; the defendants being the grandparents of said infant child.
The facts alleged in said petition are that the mother of said infant child, who was a daughter of the defendants, died on the 24th day, of April, 1884, when said…
2Cases cited3 opinions
- Green v. CampbellWest Virginia Supreme Court · 1891
- State ex rel. Neider v. ReuffWest Virginia Supreme Court · 1887
- Armstrong v. StoneSupreme Court of Virginia · 1852
3Cited by50 opinions
- In re WillisWest Virginia Supreme Court · 1973
- State Ex Rel. Lipscomb v. JoplinWest Virginia Supreme Court · 1948
- State Ex Rel. Kiger v. HancockWest Virginia Supreme Court · 1969
- Whiteman v. RobinsonWest Virginia Supreme Court · 1960
- State Ex Rel. Cash v. LivelyWest Virginia Supreme Court · 1972
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