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93 Miss. 167

Turner v. Turner

Mississippi Supreme Court

Decided March 15, 1908

Mississippi Supreme Court · decided 1908-03-15

Prom the chancery court of Yalobusha county. Hon. Isaac T. Blount, Chancellor. Wilson P. Turner, appellee, was plaintiff or petitioner in the court below; Gertrude Turner, appellant, his wife,- was relator or defendant there. The suit was an habeas corpus proceeding for the custody of their two years old son, Wilson Hudson Turner.

Cited by 10 later decisions — most recently March 1969

10 state decisions

Key passage — most relied on by later courts

“On the facts in this record, concerning which we do not care to go into detail, it is sufficient to say that we cannot concur in the decree of the learned chancellor in dividing the custody of this boy, less than two years old when this decree was entered, between his mother and his father. No child of that age should have his custody thus alternatively shifted, especially where the mother is living and a competent person to care for the child.”

quoted by 1 later decision, including 220 So. 2d 340 - Brocato v. Walker

Good law ✅— No negative treatment on recordhow we know

Decided 1908-03-15

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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2On the facts in this record, concerning which we do not care to go into detail, it is sufficient to say that we cannot concur in the decree of the learned chancellor in dividing the custody of this boy, less than two years old when this decree was entered, between his mother and his father. No child of that age should have his custody thus alternatively shifted, especially where the mother is living and a competent person to care for the child. We refrain purposely from setting out the evidence in detail, contenting ourselves simply with saying that it is abundantly shown that the father and mother of the mother are people of large means, abundantly able to provide for this child, and that the mother is living with them and, on the case made as to the *169right of tbe father or mother to the custody of this child, we think the best interests of the child will be subserved by awarding its custody to the mother, with a clause in the decree reserving the right to alter or modify the decree on some future application, if changed conditions and the testimony at that time should warrant.

¶3The decree is reversed, and the cause remanded, with instructions to enter such a dcree in the court below.

¶4Reversed.

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