(Download) "Francis Sheehy v. Marie Sheehy & A." by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Francis Sheehy v. Marie Sheehy & A.
- Author : Court of Appeals of New York
- Release Date : January 26, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
"The jurisdiction of a State to regulate the custody of infants found within its territory does not depend upon the domicile of the parents. It has its origin in the protection that is due to the incompetent or helpless.... For this, the residence of the child suffices though the domicile be elsewhere." Finlay v. Finlay, 240 N. Y. 429, and cases cited. Furthermore, since the welfare of the child is the controlling consideration and since it is not chargeable with its parents misconduct, this jurisdiction will be exercised even though the child was brought to this state by its parent fraudulently, and for the purpose of conferring jurisdiction over the question of custody, provided, however, that the child is, as in this case, too young to decide what is best for its own welfare. White v. White, 77 N.H. 26, 30, 31.