Opinion
Gen. No. 43,185. (Abstract of Decision.)
Opinion March 7, 1946 Rehearing denied March 19, 1946 Released for publication March 20, 1946
PARENT AND CHILD, § 3 — best interests of child as factor to be considered in deciding custody. In habeas corpus proceeding by parents to recover custody of fourteen year old daughter from defendants, who were first cousins of one of plaintiffs, where it appeared that parents voluntarily relinquished custody of child to defendants with whom she lived for more than seven and one half years in congenial and happy surroundings, in contrast with unwholesome atmosphere obtaining in plaintiffs' home and where child was very unhappy and emotionally upset, held that it was for best interests of child that defendants be awarded her custody.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN C. LEWE, Judge, presiding.
Judgment order reversed and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1944.
Winston, Strawn Shaw, for appellants;
James H. Cartwright and Alexander J. Moody, of counsel;
Geary Stagman and M.G. Kaufman, for appellees;
Jacob Stagman and M.G. Kaufman, of counsel.
Not to be published in full. Opinion March 7, 1946; rehearing denied March 19, 1946; released for publication March 20, 1946.