Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-06-12
ARmsraoNGs GER THE CHILD.
Judge Roberts Has Determined That
Father Cannot support IT.

The custody of little Cyrus Warren
has been awarded to it's grandparents,
Mr.. and Mrs. Cyrus Armstrong, and
incidentally the second case OF the kind
in the state of Iowa, has just been de-
cided. In substance the court holds
that the agreement between Claude
Warren and his wife, who was on her
deathbed and Margaret Armstrong, is
valid. He further finds that the case
narrowed down to contest between
the grandparents on both sides of the
house for the custody of the child, but
finds that the Armstrong; are better
situated to care for it, and further
finds that the father, Claude Warren, is
not capable of supporting it. Both
the father and grandparents are allow
ed to visit the child and in order that
there may be no mistake about the
matter fixes time twice each year
when the child may visit at the Warren
home.
| In his resume of what the testimony
shows, the court says that petitioners
claim they are entitled to the posses.
sion of the child by reason of an agree
ment made and entered into between
themselyes and the parents, Effie and
Claude Warren, few weeks prior to
the death of the former. Claude adj
mits that his wife expressed an oral
desire for her parents to have it but
that out of Difference to her feelings
he refrained from expressing his true
feelings. w. r. Warren filed petition
| of intervention asking for custody of
1.-THE child and the oral controversy is
| now between the two sets OF grandpa
rents.
| The court says that the case is pecu-
liar in that the defendant, Claude War
rem, does not ask for the custody of the
Ichild for himself, but asks that it be
]awarded to his parents. The court
further finds that few days before
1.-the death of Effie, Warren, wife of
4 Claude Warren, and mother of the
child whose custody is not sought to
be adjudicated, that she and her hus-
band made an agreement with Marga-
fret Armstrong to the effect that said
Margaret Armstrong should take the
/ child in question and keep 1t and there
latter have control and possession of it.
u He further finds that Claude took the
child wrongfully and removed it to
Forbush; that Margaret and Cyrus
persons to have the custody and con-
troll of the child and that the father,
i Claude r. Warren, is not capable of
maintaining it and supporting it. He
finds that the Armstrong; live in close
proximity TO asschool building and the
i evidence shows that they are willing
i and able TO give it the full benefit of
an education such as may be obtained
4 in Ottumwa, while the Warrens live in
Z a small mining camp where the advan-
4 tages are not nearly so great in an edu-
cational way. On the whole the court
finds that it is to the best interest of
the child that it be placed in the custo-
dy of the Armstrong;.
Conclusions of Law.
Upon the finding of facts, reach
the following conclusions of law:
."Ihat the contract between Claude
5 T.. Warren and wife and Mrs Cyrus
: Armstrong in relation to the custody
/ of the child was legal and binding ant
that the Armstrong; had the Lawful
, custody of the child when it was takel
! from them on Saturday last by Claud,
Warren.
THAT its father had no right to take
{ and remove it, nor had he any right
! to its custody as against said Arm
q strongs at the time he took it.
i THAT w. r. Warren and wife acquir.
!, ed no greater right to its custody thar
). their son, Claude.
i THAT as between the parties to- Thu
: action the prior legal right to the Gus
!: tody of the child is in Cyrus Arm
/ lsstrong and Wife,
] The court orders that the custody O.
!. the child be fixed and confirmed in the
/ grandparents upon the express condi
ton that the father and his parent.
:. shall not be depriyed-of the right Il
IyisiIit and in order that no misunder
, standing shall exist orders that tn,
! Warrens shall have the right to hav'
said child visit them for one week be
:, tween December Is and January 15,ant
! for period not to exceed one montl
! between June / and September bu
: that the right to, have it visit then
!. shall only be had after giving TIN
: Armstrong; Two weeks written notice
: The court ordered that Claude Warner
: pay the costs of the action.
!, IN n.
4 Ia IS u ~ -