When any husband and wife live in a state of separation, without beingdivorced, and have a minor child of the marriage, any court of record havingequity jurisdiction in, or the juvenile and domestic relations court of, thecity or county in which the child is, or the judge in vacation, may, in thediscretion of the court or judge, upon the petition of the mother or father,award to the petitioner the custody and control of the child for such time,under such regulations and restrictions, and with such provisions anddirections, as the case requires and as will best promote the welfare of thechild. In such case or in any other case in which the parents are livingapart, whether partially or absolutely divorced or not, the court or judge orany court of competent jurisdiction, in awarding the custody of the child toeither parent or to some other person, shall give primary consideration tothe welfare of the child, and as between the parents there shall be nopresumption or inference of law in favor of either. The court or judge in theenforcement of its orders may direct its officer to take possession of thechild or children and dispose of them as it directs.
(Code 1919, §§ 5320, 5327; 1930, p. 687; 1944, p. 215; 1983, c. 478.)
When any husband and wife live in a state of separation, without beingdivorced, and have a minor child of the marriage, any court of record havingequity jurisdiction in, or the juvenile and domestic relations court of, thecity or county in which the child is, or the judge in vacation, may, in thediscretion of the court or judge, upon the petition of the mother or father,award to the petitioner the custody and control of the child for such time,under such regulations and restrictions, and with such provisions anddirections, as the case requires and as will best promote the welfare of thechild. In such case or in any other case in which the parents are livingapart, whether partially or absolutely divorced or not, the court or judge orany court of competent jurisdiction, in awarding the custody of the child toeither parent or to some other person, shall give primary consideration tothe welfare of the child, and as between the parents there shall be nopresumption or inference of law in favor of either. The court or judge in theenforcement of its orders may direct its officer to take possession of thechild or children and dispose of them as it directs.
(Code 1919, §§ 5320, 5327; 1930, p. 687; 1944, p. 215; 1983, c. 478.)
When any husband and wife live in a state of separation, without beingdivorced, and have a minor child of the marriage, any court of record havingequity jurisdiction in, or the juvenile and domestic relations court of, thecity or county in which the child is, or the judge in vacation, may, in thediscretion of the court or judge, upon the petition of the mother or father,award to the petitioner the custody and control of the child for such time,under such regulations and restrictions, and with such provisions anddirections, as the case requires and as will best promote the welfare of thechild. In such case or in any other case in which the parents are livingapart, whether partially or absolutely divorced or not, the court or judge orany court of competent jurisdiction, in awarding the custody of the child toeither parent or to some other person, shall give primary consideration tothe welfare of the child, and as between the parents there shall be nopresumption or inference of law in favor of either. The court or judge in theenforcement of its orders may direct its officer to take possession of thechild or children and dispose of them as it directs.
(Code 1919, §§ 5320, 5327; 1930, p. 687; 1944, p. 215; 1983, c. 478.)
