People ex rel. Brumager v. Johnson

209 Ill. App. 324, 1918 Ill. App. LEXIS 617
Appellate Court of Illinois·Decided January 28, 1918·No. Gen. No. 23,507·Published

Opinion

Mr. Justice McSurely

delivered the opinion of the court.

Abstract of. the Decision. 1. Infants, § 4*—what is principal consideration in awarding custody of child. The principal consideration moving the court, in awarding the custody of a minor child under a proceeding in habeas corpus, is the welfare of the child, and where opposing claimants are equally responsible courts will favor the claims of-those who stand in relationship to the child. 2. Infants, § 4*—determination of comparative merits of claimants of child. A determination as to the custody of a minor child, in a proceeding in habeas corpus, does not necessarily involve a decision upon the comparative merits of the respective claimants. 3. Infants, § 4*—when custody of child given to uncle and aunt. In a habeas corpus proceeding, held that the uncle and aunt of a minor child should be awarded its custody, on grounds of relationship, notwithstanding another claimant who was unrelated was equally proper and fit to have its custody.

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People ex rel. Brumager v. Johnson, 209 Ill. App. 324, 1918 Ill. App. LEXIS 617 (Ill. Ct. App. 1918).

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