103 Kan. 901 | Kan. | 1918
The opinion of the court was delivered by
The right to the custody of Ruth Zeigler, who is four years of age, is the subject of controversy between her father, E. C. Zeigler, and her grandmother, Mrs. Ida B. Dusto.
While there is considerable conflict in the testimony regarding the conduct and character of the parties herein, the appeal may be determined upon the findings made by the trial court. From these findings it appears that eleven days after Ruth was born, her mother died, and about that time an arrangement was made between her father and Mrs. Dusto that the latter should care for and support Ruth for a consideration of $20.00 per month. Mrs. Dusto was present when Ruth was born and has cared for her since that time. After this arrangement was made, the father visited Ruth with some regularity, about once a month, and made the stipulated monthly payments regularly for three or four years. These payments continued until a
As to the ability of the father to care for Ruth, it is found that he has a modern five-room house, nicely furnished, and has arranged with a widow woman, fifty-one years old, of good character and reputation, to care for Ruth in case her custody is awarded to him. The court found that the petitioner bears a very good reputation among the people who know him, and that he is not'personally unfit to have the care and custody of his daughter, but the court concluded upon all the facts that the best interests of Ruth, for the present at least, demands that she be allowed to remain in the custody of Mrs. Dusto.
“A parent who is a suitable person for the purpose is entitled to the custody of a child as a rqatter of right as against anyone not its parent, irrespective of the question whether it might be better provided for by someone else who is willing to assume the obligation.” (syl. ¶ 1.)
We are of the opinion that upon the facts found by the court the petitioner is entitled to the custody of his child, and therefore the judgment will be reversed and the cause remanded with directions to enter judgment in favor of the petitioner.