State ex rel. Strachota v. Franz

163 N.W. 191, 166 Wis. 32, 1917 Wisc. LEXIS 164
CourtWisconsin Supreme Court
DecidedJune 12, 1917
StatusPublished
Cited by3 cases

This text of 163 N.W. 191 (State ex rel. Strachota v. Franz) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Strachota v. Franz, 163 N.W. 191, 166 Wis. 32, 1917 Wisc. LEXIS 164 (Wis. 1917).

Opinion

WiNsnow, O. J.

In this case it is held:

1. The father’s common-law right to the custody of his infant children is subject to the condition that he be a suitable and fit person for the trust. If the welfare of the children demands that the custody be given to another, the court [35]*35will so order. Sheers v. Stein, 75 Wis. 44, 43 N. W. 728; Lemmin v. Lorfeld, 107 Wis. 264, 83 N. W. 359.

2. The conclusions of the trial court in tbe present case to the effect (1) that the plaintiff in error was an unsuitable person to have the custody or care of the children, (2) that there was no showing that the best interests of the children required any change in their present custody, and (3) that their care and custody ought to be continued in the defendant in error, are amply sustained by the evidence.

3. The question of the religion in which the child shall be brought up is always entitled to careful consideration, and if the temporal interests of the child will be as well taken care of when the child is placed in the custody of persons of the same faith as the parents, that fact should be considered as controlling. If, however, there are clear temporal advantages resulting from other custody, they may well be sufficient to be controlling the other way. In the present case the trial judge concluded that the latter situation was presented and we cannot say that he was in error.

By the Court. — Judgment affirmed.

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Related

Moreno v. Juvenile Officer
647 S.W.2d 852 (Missouri Court of Appeals, 1983)
Custody of Collentine v. Collentine
254 N.W. 118 (Wisconsin Supreme Court, 1934)
Crone v. Goetsch
170 Wis. 543 (Wisconsin Supreme Court, 1920)

Cite This Page — Counsel Stack

Bluebook (online)
163 N.W. 191, 166 Wis. 32, 1917 Wisc. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-strachota-v-franz-wis-1917.