Loewe v. Shook

• Decision Date: 14 June 1926
• Docket Number: 61
• Citation: Loewe v. Shook, 284 S.W. 726, 171 Ark. 475 (Ark. 1926)
• Parties: LOEWE v. SHOOK
• Court: Arkansas Supreme Court

284 S.W. 726

171 Ark. 475

LOEWE v. SHOOK

No. 61

Supreme Court of Arkansas

June 14, 1926

Certiorari to Drew Chancery Court; E. G. Hammock, Chancellor affirmed.

Order affirmed.

Wilson & Norrell, for appellant.

Poff & Smith, for appellee.

OPINION

HUMPHREYS, J.

This case is before us on review to determine the correctness of an order of the chancellor of the Second Chancery District awarding the custody of a three-year-old girl to her mother, Mrs. Thelma Shook, in a contest between the child's grandparents, H. C. and Minnie Loewe, and herself.The contest was instituted by Thelma Shook, who petitioned and obtained a writ of habeas corpus from said chancellor for the custody of her child, Virginia Bernice Loewe, against the grandparents named above and the child's two uncles, Oscar and Ted Loewe, who were residing with the grandparents, their father and mother.Mrs. Shook's first husband was Arthur Loewe, a son of H. C. and Minnie Loewe.After their marriage they resided with his parents, where the child was born.Mrs. Shook nursed and cared for the child while living with his parents.They subsequently moved to a farm in Kansas, where they had resided only four months when he died.After her husband's death Mrs. Shook came back to Arkansas, going first to her sister, then to her parents, then back to her sister, then to the Loewes', and then back to her parents, taking the child from place to place with her.She remained with her parents the entire summer until some time in November, 1924.In February, 1925, she went to work as a saleslady at McGehee, leaving the child with the Loewes.She went from there to Tripp Junction, where she worked in a filling station until April, 1925, at which time she married her present husband, Dalton Shook, who is in the employ of the government making $ 175 to $ 200 a month.After marrying, they lived for a while with Mr. Shook's mother, then moved to Halley, where they are keeping house.Mrs. Shook visited the child during the six months she was working prior to her second marriage.After marrying Shook, she got her child and kept it for about two weeks.She then became ill, and requested the Loewes to keep the child until she got well, at which time they refused to give it to her.This suit followed.

There can be no question in the law that, as between a mother and grandparents, the mother is entitled to the custody of her child, "unless incompetent or unfit, because of poverty or depravity, to provide the physical comforts and moral training essential...