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240 Ala. 103

196 So 891

Moss v. Parsons

Supreme Court of Alabama

Decided May 16, 1940

Supreme Court of Alabama · decided 1940-05-16

Cited by 2 later decisions — most recently April 2002

1 federal appellate · 1 state decisions

Relies on Payne v. Payne · Children's Aid Soc. v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1940-05-16

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BROWN, Justice.

¶1 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.

¶2 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.

¶3 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.

¶4 Affirmed.

THOMAS, FOSTER, and LIVINGSTON, JJ., concur.
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