In Re Green

California Court of Appeal May 27, 1924 No. Crim. No. 782.Published

Before: Finch

AI Brief

AI-generated · verify before citing

Holding. The court denied a petition for a writ of habeas corpus regarding child custody, holding that it will not interfere with the custody of a minor while the issue of the parent's fitness is pending in a superior court guardianship proceeding.

Issues

Whether a writ of habeas corpus should be granted to determine child custody while a guardianship proceeding is pending in superior court.
Whether the superior court has jurisdiction over a guardianship proceeding when the minor is an inhabitant or resident of that county.

Disposition. denied

Quotations verified verbatim against the opinion

“Pending the determination of such issue by that court, this court will not interfere, by a writ of habeas corpus, with the custody of the minor.”

“Under the circumstances of this case, the moral fitness of the mother being in issue both herein and in the guardianship proceeding, the welfare of the child is the paramount consideration”

FINCH, P. J.

This is an application for a writ of

habeas corpus,

prosecuted by Beulah Green Footman to obtain the custody of her daughter, Margretta Green, a minor of the

[505]

age <3£ fourteen years, now in the custody of Gretta Banks, a half-sister of petitioner. Mrs. Banks alleges in her return that she took the custody of the minor when the latter was but a few months old, “with the knowledge, consent, and approval of said Beulah Green Footman, and has ever since had the care, custody and control of said Margretta Green, and has clothed her, provided her a home and medical attention, and with a musical, religious and secular education at her own expense”; that, for reasons specifically alleged, petitioner “is not a fit and suitable person to have the care, custody, or control of said Margretta Green”; that after attaining the age of fourteen years, the minor filed in the superior court of Sonoma County her “petition joining with said Gretta Banks in the prayer that said Gretta Banks be appointed guardian of her person and estate, which cause is now pending in the superior court of Sonoma County, ... in which said cause said Margretta Green has designated and appointed said Gretta Banks as her guardian and requested the court to approve the same.”

In the year 1920 Mrs. Banks filed in the superior court of Sonoma County her petition praying that she be appointed guardian of the person and estate of the minor. Mrs. Footman appeared in opposition to the appointment. After a hearing, the court appointed Mrs. Banks guardian of the minor. The order of appointment was reversed by the supreme court.

(In re Green,

192 Cal. 714 [221 Pac. 903].) The

remittitur

was filed in the superior court of Sonoma County on the 28th of January, 1924. Thereafter the minor filed her aforesaid request for the appointment of Mrs. Banks as guardian. The cause is now pending in that court.

Respondent contends that the minor, being of the age of fourteen years, has the absolute right to nominate her guardian, who, if approved' by the court, must be appointed, citing

In Re Green

AI Brief

FINCH, P. J.

More from California Court of Appeal

Related research

AI Brief