Custody

“ But 'the inherent rights of parents to enjoy the society and association of their offspring with reasonable opportunity to impress upon them a father's or a mother's love and affection in their upbringing, must be regarded as being of an equally important, if not controlling, consideration in adjusting the right of custody as between parents in ordinary cases.' Frazier v. Frazier, 109 Fla. at page 169, 147 So. at page 466. Facts which have arisen since the original decree are one basis for modification of the custody decree. ”

“ Where custody or the ability to reproduce a condition of custody is coupled with the mental element of intention to hold for one's own purposes, the legal order confers on one who so holds a capacity protected and maintained by law so to hold, and a claim to have the thing restored to his immediate physical control should he be deprived of it. ”

“ And if we give or sell the custody of any such land to any man, and he commits destruction or waste, he shall lose the custody, which shall be committed to two lawful and discreet men of that fee, who shall, in like manner, be answerable to us as has been aforesaid. ”

“ If the parties have children, such of them as are so young as to need a mother’s care are temporarily awarded to the woman’s custody even though she be the party declared to be guilty in the divorce suit. ”

“ A father's right to the custody of his own children being founded in law on the right of guardianship, this being taken away, they may of course be severed from him, and put by the authority of the court, into more orthodox hands. ”

“ The Judicature Act 1873, § 25 (10) , enacted that in questions relating to the custody and education of infants the rules of equity should prevail. The Guardianship of Infants Act 1886 largely extended the mother's powers of appointing and acting as a guardian, and gave the court a discretion to regard the mother's wishes as to the custody of the children. ”

“ The father is the legal guardian of the persons and property of minor children. Until 1888 the custody of children while a divorce suit was pending was given to the father, but now this is granted to the mother. ”

“ At stake in this case is the welfare of a child. More immediately the question before us is what restriction, if any, does the Constitution of the United States impose on a state court when it is determining the custody of a child before it. ”

“ Upon a decree of divorce the court may make such further decree as may be deemed expedient concerning the custody and maintenance of minor children, and determine with which of the parents the children shall remain.
This act, though declaring that the mother and father are equal, soon shows by its specifications that the courts can dispose of all woman's interests and affections as they may see fit. ”

“ I am of opinion that no such right or power exists in law. I am 145of opinion that no such right ever did exist in our law. Whatever authorities may be quoted for any such proposition, it has always been subject to this condition: that where she has a complaint of, or is apprehensive of, ill-usage, the Court will never interfere to compel her to return to her husband’s custody. ”

“ I tell you, I’ll take no charge of other people’s goods, unless they are here themselves to put them into my custody!”—“Very well, sir,” said Gettings, “since I must carry them away, I beg the favor of you and the gentleman there to lift them on my back.”—“Ay, ay, with all my heart,” replied the doctor. ”

“ It will be seen from this that the father alone has the absolute legal right to deal with his child or children, to the extent of separating them, at his own sole pleasure, from their mother, and of giving them into the care and custody of any person whom he may think fit. ”

“ And the mere fact that the maternal relatives who have had the care of the child from its birth have become attached to it and desire to continue to care for it and are able to secure it better advantages than its parent, does not render the parent unsuitable to have its care and custody within the meaning of the statute. ”

“ But, as there seems to be much ground in the peculiar circumstances here, for arguing that the mother should have the custody of the child, or, at least, that it should not be left to that of persons of a different religion from both parents, an application might be made to the Queen's Bench to try the question. ”

“ Resolved, That the common law, by giving the husband the custody of the wife's person, does virtually place her on a level with criminals, lunatics, and fools, since these are the only classes of adult persons over which the law-makers have thought it necessary to place keepers. ”

“ But however we settle the question, we must make the parent justify his custody of the child exactly as we should make a stranger justify it. If a family is not achieving the purposes of a family it should be dissolved just as a marriage should when it, too, is not achieving the purposes of marriage. ”

“ In considering an application for the return of a child, the Court may require the applicant to obtain from a court or other competent organ in the state where the child's habitual residence is, a decision that the removal or retention of the child is in breach of the rights of custody. ”

“ For the custody of a person shall never by Law be committed to another, of whom a suspicion can be entertained, that he either could or might wish to claim any right in the Inheritance itself. [260]
CHAP. XII.
But if the Heirs are females, they shall remain in the Custody of their Lords. If they are Minors, they-144- shall continue in Custody until they are of full age, [261] at which period the Lord is bound to find them a Marriage, delivering to each of them her reasonable portion. ”

“ It means, my friends, that a woman has no legal right to her own babies; that the law-makers of this Christian country (!) have given the custody of the babies to the father, drunken or sober, and he may send the sheriff—as in this case—to arrest and rob her of her little ones! ”

“ A child awaiting trial should on no account be sent to prison. If safe custody of the person is essential, some grown person in whom the court has confidence must be made responsible for the care of the child. ”

“ As a matter of course, and without considering in the least the interests of the child, or of society at large, they hand over the custody and education of all the children to the litigant wife, whenever she establishes—an easy thing to do—a flimsy and often farcical case of technical "cruelty." ”

“ As I understand the law of Ohio, 'parents are the legal and natural custodians of their minor children and each parent has an equal right to their custody in the absence of an order, judgment, or decree of a court of competent jurisdiction fixing their custody. ”

“ Furthermore, when we speak of custody we should understand it to apply to public custody and not to a private home as was proved in our other argument. Nor is the response enough that this would hold good in the one under custody, but not concerning the custodian, Violante; for I do not know any probable distinction between the two, since both cases may suffice for escaping the penalty; nor is any stronger reason to be found for the one than for the other. And indeed a third case would be more worthy of excuse, of one who broke this kind of custody, when knowledge thereof was not proved. ”