Opinion
Gen. No. 9,731. (Abstract of Decision.)
Opinion filed January 14, 1942
PARENT AND CHILD, § 3 — custody of child. In a habeas corpus proceeding brought by the surviving parent to recover custody of his child, held, a parent has the right to the custody of his child as against the world where it appears he is a competent person to have such custody and it does not appear that the welfare of the child demands that its custody should be elsewhere than with its father.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Ogle county; Hon. LEON A. ZICK, presiding.
Reversed and remanded with directions. Heard in this court at October term, 1941.
C.A. Pedderson and Lisle W. Menzimer, for appellant;
Frank A. Kerr, for appellees.
"Not to be published in full." Opinion filed January 14, 1942.