34 A. 994 | R.I. | 1896
The primary and paramount consideration in a case of this sort is the welfare of the child. McKim v. McKim,
The evidence submitted in the case before us very conclusively shows that the welfare of the infant child in question will be best promoted by leaving it in the care and custody of the Rhode Island Society for the Prevention of Cruelty to Children, where it was placed by decree of the Municipal Court of Providence in January last. See Gen. Laws R.I. cap. 115. We refrain from a discussion of the evidence in the case, as it could serve no useful purpose and might reflect unnecessarily upon the character of the petitioner, whose environments in life, unfortunately, have not been favorable to the development of a high degree of moral rectitude.
One thing, however, in connection with the testimony offered in behalf of the petitioner, deserves our attention. We refer to the letter from the Massachusetts Society for the Prevention of Cruelty to Children, addressed to the petitioner under date of May 14, 1896, in which said society, by its agent, expresses its willingness to accept the custody and care of the child in question, if the Rhode Island society chooses to surrender it to them, or if "so ordered" by the court in Rhode Island. And in this connection the counsel for the petitioner argues that, by accepting said proposition, *488 the child would be placed where the petitioner, who is a resident of Cambridge, Massachusetts, could more conveniently visit it. Of course we have no doubt of the good faith of said offer, or as to the ability of said last named society properly to care for and support said child. Yet, as it is already in the care and custody of our own State society, under the decree aforesaid, and within our own jurisdiction, and, moreover, as it has already necessarily become acquainted with those in the immediate control and management thereof, and is being well cared for, we do not think it wise at present to make any change regarding its custody. Of course we have no power in any event to order the child to be placed in said Massachusetts institution, as suggested in the offer to receive the same as aforesaid.
The petition for a writ of habeas corpus must therefore be denied.