38 Fla. 227 | Fla. | 1896
Defendant in error sued out a writ of habeas corpus in April, 1896, for the custody of her minor child, a daughter. She alleges in her petition that her husband, Frank W. Miller, had on the 14th of February previous driven her from her home without just cause; that she took with her the child, between two and three years old, and on the 7th of April, 1896, the father forcibly took it from her; that it needed her care and nurture, and she believed the father would send it to some place to estrange its affections from her. Plaintiff in error produced the child and made return denying the allegations in the petition, and alleged that his wife had deserted him. He denied that he had forcibly taken the child, and claimed to be entitled to it as its father. On the hearing by the
The parties were married in January, 1892, and lived together until February 21st, 1896, when the wife left their home and took with her the child, then nearing its third birth-day. The wife stopped at a neighbor’s for a short time, and then went to another house where her husband had secured board for her, and remained there five weeks. During this time the child was sent every day to the father’s office to be seen by him. The husband ceased to pay board at the end of the five weeks, and the wife removed to another house. After this removal she declined to send the child to the office any more, in consequence, as she states, of its being sick, attributable by her to over-eating while with the father. She states, however, that she informed her husband that he could see the child at her boarding-house. A short time thereafter the child was permitted to go from the boardinghouse to town, and while there the father picked it up in his arms and started to his boarding-house, and then and there was a struggle between the parents for the child. The father retained it, and had it cared for by a lady who had become attached to it before the separation.
The marriage state, voluntarily entered into, imposes duties and obligations that can not be disregarded without serious injury, not only to the parties, but to society. Husband and wife separated and estranged occupy doubtful positions hurtful to themselves, and still inore injurious to their children. No such atti
No question was raised as to the correctness of the abstract filed, and we have considered the case, as provided by the rule, on the abstract alone.
The judgment will be reversed.