84 Mo. App. 552 | Mo. Ct. App. | 1900
This is a proceeding by habeas corpus brought by the mother to recover the custody of her female child, aged ten years, which custody had been awarded.to the paternal grandfather of the child in a previous habeas corpus brought by the father against the mother, which was. tried before a circuit judge, who rendered a provisional decree in favor of the mother, which upon application of the
Moreover in the absence of a showing of utter depravity on the part of the mother, a just sense of her rights as such should constrain any court to hesitate long before removing the custody of the child beyond its jurisdiction for the obvious reason that it would hereafter have no power proprio vigore to enforce any orders it might deem proper as to the right of visitation on the part of the mother.
The judgment of this court therefore is that the child, Willie May Edwards, be discharged from the custody of its grandfather and recommitted to the care and custody of its mother, Mrs. Jessie P. Edwards, who shall retain that custody subject to the future supervision of this court, which reserves unto itself power and right to make such changes in this order as the future welfare of the child may demand, for which purpose this cause is-retained in this court.
Tt is not denied that the respondent (the paternal grandfather) is in all respects a suitable person to be entrusted ■with the custody of his grandchild in case there was any valid reason why the mother should be deprived of it. He seems to have acted in good faith and from affectionate motives in his intervention in the former proceeding. We have concluded, therefore, that the costs of this proceeding shall be paid by the petitioner.