(Download) "Doty v. Industrial Accident Fund" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Doty v. Industrial Accident Fund
- Author : Supreme Court of Montana
- Release Date : January 24, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
DIVORCE — HABEAS CORPUS — INFANTS. 1. Divorce — Custody of children. Divorce decree awarding custody of children to mother was a Page 358 judicial determination that, as between mother and father, mother should have preference legal right to exclusive custody, but such right was in nature of personal privilege, which mother could waive in favor of father, should she see fit to do so. 2. Divorce — Change of custody. Custody of children of divorced parents is subject to modification on change of conditions. 3. Habeas Corpus — when proper proceeding. Where Utah divorce decree awarded mother custody of children, but thereafter mother wrote father and offered to give up custody of children, and father took children to his home in Montana, domicile of children was rightfully in Montana, and Montana courts had right to determine question of custody in habeas corpus proceeding by mother. 4. Divorce — Re-examination of custody proper. Where the mother wrote father and offered to give up custody of children, and father took children to his home in Montana, and mother permitted father to have the children for more than two years before mother brought habeas corpus proceeding to obtain their custody, there was substantial changes justifying Montana court in re-examining question of custody and what was for best interest of children. 5. Habeas Corpus — Waiver of custody not binding on court. Mothers waiver of her right to custody of children and her surrender of custody to father would not be binding on Montana court in habeas corpus proceeding by mother to obtain custody of children, if that result were not for the best interests of the children. 6. Habeas Corpus — Deprivation of custody — Welfare of children. Where the mother wrote father and offered to give up custody of children, and father took children to his home in Montana, mother would be deemed to have waived her right to custody and father could not be deprived of their custody in habeas corpus proceeding by mother in Montana to obtain custody unless father was unfit to have custody, or unless it should be shown that best welfare of children required that they be taken from him. 7. Parent and Child — Surrender of custody, effect of. Surrender of custody of a minor child by a parent is presumed to be temporary unless the contrary is made to appear. 8. Habeas Corpus — Evidence insufficient to sustain finding of change of custody. In habeas corpus proceeding by mother against father to obtain custody of children, whose custody had been awarded to mother by divorce decree, but who had subsequently been turned over to father by mother, evidence was insufficient to sustain finding that best interests of children required that their custody be transferred from father to mother. Page 359
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