214 Mich. 199 | Mich. | 1921
Charles F. Adams made application to this court in legal form for a writ of habeas corpus to obtain custody of his daughter, Donavieve
These matters were all ex parte so far as the child’s father was concerned. He had long been a resident of Muskegon county and claimed to have been in Allegan county when proceedings were commenced in the probate court. There is no proof he had knowledge or notice of them while they were pending. He subsequently filed a petition in the probate court for dismissal of the order declaring his child dependent and neglected, on the ground it was obtained by fraudulent representations, and the court imposed upon thereby, which the probate court refused to entertain because “more than 90 days have elapsed since the making of said order.” From this he did not appeal, but in the latter part of 1919 made application to the circuit court of Allegan county for and obtained a writ of habeas corpus to inquire into the cause of detention of his child by the Hulberts.
Two defenses were interposed against the right of
Of the probate proceedings, palpably initiated by Hulbert under an inappropriate statute as a means of retaining custody of the child under color of law, it is sufficient to say they furnished no protection against an investigation by the circuit court in habeas corpus proceedings and an award of custody of the child between the contending parties according to her best interests, and adoption based on such proceedings is on no firmer grounds. It would seem that in the course pursued in those proceedings the Gould Cases were overlooked. In re Gould, 171 Mich. 540; 174 Mich. 664. The circuit court of Allegan county had jurisdiction to determine the matter. No application was made to review the same. Its award was made under then found conditions, to stand until further order of the court. Conceding the decision was conclusive under the then shown conditions it was yet left open to the further order of the court, not a fina! judgment against an application for another writ based on changed conditions with a further or different showing to meet
In this proceeding applicant represents he can show by numerous credible witnesses not only that the aspersions against his habits and conduct to which the circuit court gave, heed are not well founded, but also that changed conditions eliminate the reasons recognized by the court at that time as persuasive against him; that he now has steady employment at good wages, is married and established in a comfortable home with a wife of kindly disposition and good character who joins in his desire to have his child with them, and that they are ready, able and anxious to take, provide for and rear her in a good home with proper environments and training.
To that end the circuit court which originally took jurisdiction, issued process on his application and disposed of the matter “until further order of the court,” is yet open to him. Under such circumstances this court will not assume original jurisdiction in the matter by writ of habeas corpus.
The writ is denied.