State Ex Rel. Cynthia Ellen Lipscomb v. Ruth Joplin

Summary

In an original habeas corpus proceeding, the West Virginia Supreme Court dismissed a mother's writ seeking recovery of her four-month-old daughter from the couple to whom she had given custody. The court found the mother had transferred custody by a fair agreement acted upon to the child's manifest welfare, and that she failed to show a change of custody would materially promote the child's moral or physical welfare. Applying the principle that the child's welfare is the controlling ('polar star') consideration, the court left custody with the respondents, subject to future change upon altered circumstances or the child's right to nominate a guardian.