17 How. Pr. 516 | N.Y. Sup. Ct. | 1859
The common law, no doubt, recognizes the paramount right of the father to the custody of his infant children ; but, while the courts still maintian his right in preference to all others (other things being equal), they will not deliver the children to his custody, when to do so will be manifestly to their detriment and discomfort. I think the father in this
The testimony also clearly shows that, at least latterly, he is either unwilling or unable to provide the necessary support for Ms children. Mrs. Yosburgh, Mr. Snodgrass and Mr. Cottrell, in corroboration of the statements of Mrs. Cuneen, prove a state almost of destitution during the severest portion of the past winter, which the testimony of the relator does not satisfactorily explain.
I may, therefore, say, in the language of Chief-Justice Thompson", in the matter of Waldron (13 J. R. 419), “ that it will be most for the benefit of the children to remain with their grandparents (and mother) than to be put under the care and custody of their father.”
Writ dismissed.