No. 20326 | Neb. | Mar 1, 1919
The respondent in a habeas corpus proceeding seeks to reverse a judgment in the district court for Lincoln county awarding the custody of respondent’s minor child to James H. and Belle Edmisten, the relators, until further order of the court. From this finding the respondent appeals.
Corinne E. Highberger, upon the death of her mother, when she. was 18 months of age, was taken possession of by family arrangement and turned over to relators, her grandparents, where she was kept and nurtured and tenderly looked after from that time until a short time before the action was begun, when the father took her into his possession. The father, Jesse Highberger, is a successful farmer and well-to-do, has a good home and can provide well for his child. Some few years ago the respondent married, and in due course of time had another child by the second wife, and, feeling that he is now in a position to afford the care and comforts of a good home for the child in question, he resists these proceedings in habeas corpus to obtain possession of her. The relators are prominent people living in comfortable circumstances at North Platte. The child, Corinne E. Highberger, has a lovely home, and the privileges of church, Sunday school, and the public school. During the first years of her life, this child was delicate and frail, and at times her life was despaired of. During all of this time the grandparents lavished all the love, affection and tender care that they could have done upon the dead daughter had she been living, and the grief that the death of the child’s mother caused these grand
In a situation like this, there is only one sensible thing to do, to wit, consider what is the best interests of the child. Are her surroundings at present happy and conducive to the right development of character, mind and body? Should we, under the circumstances, change these happy relations? Should we hazard the happiness and welfare of the child to satisfy the abstract right of the father? Has the father shown such love and effection for this child as to make his possession imperative? The record discloses that the father (a busy man), accumulating property and waging a battle for position, had but little time, if any, to devote to this child. On the contrary, he has turned her full possession and control and the entire responsibility for her bringing úp into the hands of the grandparents, and so well did they perform their task that he had but little occasion to give himself any worry or assume any responsibility in behalf of the child. Now, after the grandparents have learned to love this child as they did the dead daughter, they are called upon to give her up; but we are uncertain as to the
Aeeirmed.