Reynolds v. Reynolds

I am not in accord with the idea that, when custody of a child below 12 years of age was denied the mother at the time of divorce because of her unfitness and awarded to the paternal grandmother who was found to be a fit person therefor, the court, upon the mother’s subsequent petition for modification of decree to award custody to her, may give, as Mr. Justice Boyles writes, “consideration to the statute by virtue of which in case of a separation the mother is prima facie entitled to the care and custody of children under 12 years of age. 3 Comp. Laws 1929, § 12852 (Stat. Ann. § 25.311).”…