(DOWNLOAD) "Peo. Ex Rel. Edwards v. Livingston" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Peo. Ex Rel. Edwards v. Livingston
- Author : Supreme Court of Illinois
- Release Date : January 27, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Roy Robert Edwards on September 12, 1967, filed a petition for a writ of habeas corpus in the circuit court of Peoria County
seeking custody of Roy Elvin Edwards, his 12-year-old son, from Alvin (Elvin) Livingston, the child's maternal grandfather.
The petition set forth that the appellee, Roy Robert Edwards, was the father of Roy Elvin Edwards and that the appellee and
Marie Edwards, the mother of Roy Elvin Edwards, had been divorced on April 21, 1958, and that custody of Roy Elvin Edwards
had been awarded to Marie Edwards. The appellee stated that Marie Edwards had died on August 7, 1967, (the actual date of
death appears to have been July 27, 1967) and that the appellee, being the natural father of the child, was entitled, therefore,
to the custody of Roy Elvin Edwards. The appellant, Alvin Livingston, filed a return on September 22, 1967, which denied that
the appellee was entitled to custody of the child, alleged that the appellee was not a fit person to have the care and custody
of the child, claimed that he had forfeited his right to custody of the child by abandoning him and declared that the best
interest of the child required that he remain in the care and custody of the appellant. After hearing evidence, the trial
court found the appellee to be a fit person to have the care and custody of Roy Elvin Edwards and concluded that under the
law and in the best interest of the child that custody should be awarded to the appellee. Pursuant to this, custody of young
Roy was transferred to his natural father at the close of the academic year 1967-1968. The appellant has appealed here under
our Rule 302(a)(3). Ill. Rev. Stat. 1967, ch. 110A, par. 302(a)(3). The appellee, Roy Robert Edwards, and Marie Edwards were married in 1954. They lived together in the home of the appellant,
Mrs. Edwards' father, until August 1956. Roy Elvin Edwards, the only child of the marriage, was born in 1955. Apparently,
during this time that the appellee and his wife lived with her father he was not steadily employed and, on August 15, 1956,
he moved from the appellant's home leaving his wife and young Roy, then 17 months of age. The appellee admitted that during
the period he and his wife lived with the appellant no rent was paid by them. The appellant claimed, that for about a year
before the appellee moved away from his wife and child, he contributed only nominally to the support of his wife and young
Roy, and he stated that, after two or three months in which the appellee contributed nothing, the appellant told him either
to obtain a job to help to pay expenses or leave the house. The appellee moved.