Opinion
1 Div. 223.
December 14, 1944.
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.
W. C. Taylor, of Mobile, for appellant.
The custody of an infant daughter should be committed to the mother. Thomas v. Thomas, 212 Ala. 85, 101 So. 738; Anonymous, 55 Ala. 428. Welfare of child is paramount consideration. Allen v. Allen, 239 Ala. 116, 194 So. 153; Goldman v. Hicks, 241 Ala. 80, 1 So.2d 18; State v. Black, 239 Ala. 644, 196 So. 713; James v. James, 242 Ala. 140, 5 So.2d 616. Chancery Court has inherent jurisdiction as to custody of children. Thomas v. Thomas, supra. Habeas corpus is an appropriate remedy. It is immaterial how jurisdiction is invoked; paramount consideration is welfare of child. Thomas v. Thomas, supra; Clinkscales v. Clinkscales, 210 Ala. 358, 97 So. 922.
Harry Seale, of Mobile, for appellees.
Presumption arises in favor of finding of trial judge who had all witnesses and child before him and heard and saw them. Ferguson v. Knight, 241 Ala. 390, 2 So.2d 902; Children's Aid Soc. v. Davis, 211 Ala. 344, 100 So. 325. In proceeding such as this the best interest of the child is paramount. Calkins v. Calkins, 217 Ala. 358, 115 So. 866. Without showing of changed conditions to detriment of child since decree of court of competent jurisdiction placing custody of child with certain parties, another court will not alter former decree. Calkins v. Calkins, supra.
Petition was for the custody of a girl about two years of age. The suit was in equity and the prayer of the bill was denied on oral testimony. The child was adopted by consent by the respondents shortly after birth.
The pole star of such a suit is the best interest of the infant. Worthy v. Worthy, Ala.Sup., 18 So.2d 721. In Allen v. Allen, 239 Ala. 116, 194 So. 153, it is observed that, the parent's natural right is not to be arbitrarily denied. Chandler v. Whatley, 238 Ala. 206, 187 So. 751, and the recent decisions are Knowles v. Knowles, ante, p. 228, 20 So.2d 200; Moss v. Ingram, ante, p. 214, 20 So.2d 202.
Ante, p. 52.
In a suit to restore an adopted child to its natural parent, it has been held by this court that the adoption proceedings, though not conclusive, were entitled to weighty consideration, especially where they were had with the consent and at the request of the parent of the child. McClure v. Williams, 201 Ala. 499, 78 So. 853.
It is immaterial whether the case is presented by bill, petition or habeas corpus, the material and paramount consideration is the well-being of the infant. McDaniel v. Youngblood, 201 Ala. 260, 77 So. 674.
Many recent decisions of this court are to the effect that a recital of respective tendencies of evidence may not be necessary and that the court, out of consideration for the parties involved, and the necessities of the case, may refrain from doing so. Ray v. Ray, 245 Ala. 591, 18 So.2d 273; Baugh v. Board of Education, 244 Ala. 522, 14 So.2d 508.
The voluminous record has been carefully considered. The trial court saw and heard the witnesses on oral examination and reached the conclusion that the child should not be taken from its adopted parents. Without a recitation of the evidence, we are content to say that, the right conclusion was reached by the trial court and its decree should be affirmed.
Affirmed.
GARDNER, C. J., and FOSTER and STAKELY, JJ., concur.