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eBook details

• Title: Wells v. Stanger
• Author : Supreme Court of Montana
• Release Date : January 29, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

1. Parent and child ? Custody through agent. A mothers legal custody and possession of her minor child, placed by her with others to be cared for, passed to such others as the mothers agents. 2. Habeas corpus ? Purpose of writ. The purpose of the writ of habeas corpus is to determine the legality or illegality of the restraint alleged. 3. Habeas corpus ? Writ properly discharged. When the defendants legal custody of the child was shown, then the writ of habeas corpus was properly discharged. - Page 27 4. Habeas corpus ? Duty of Court. The duty of the Court was to determine in whose custody the child should remain until further order of the Court. In such determination, the childs welfare must be regarded more than the parents technical rights and the decision of the trial court should not be disturbed except on a clear showing of abuse of discretion. 5. Infants ? Interest of child paramount. In awarding a minor childs custody, the paramount consideration is the childs best interests in respect to its temporal, mental, and moral welfare. 6. Habeas corpus ? No abuse of discretion in denying writ. In habeas corpus proceeding for the possession and custody of the petitioners six year old daughter, placed by her mother, whom petitioner had divorced, with the defendants to be cared for, the district court did not abuse its discretion in denying the petition and leaving the child with the defendants until the courts further order on the showing that the defendants had the childs custody for five years, and provided very good home for her, loved her, and treated her as their own child.

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