Moss v. Parsons
This text of 196 So. 891 (Moss v. Parsons) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal is from a decree, of the circuit court of Jefferson County, sitting in equity, awarding the custody and care of William Moss, a minor, two and one-half years old, to his maternal aunt, the mother being dead.
The contest is between the father of the child and its said aunt. The paramount consideration' in such cases is the child’s welfare. Children’s Aid Soc. v. Davis et ux. 211 Ala. 344, 100 So. 325; Payne v. Payne, 218 Ala. 330, 118 So. 575.
The question presented is one of fact in respect to which the evidence, which was given ore tenus, is in conflict. After giving due consideration to the whole evidence, yet taking account of the prima facie right of the father to the child’s custody, we are not able to affirm error in the decree.
Affirmed.
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Cite This Page — Counsel Stack
196 So. 891, 240 Ala. 103, 1940 Ala. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-parsons-ala-1940.