PC) Civ. App. 17-D-67; -/6/67
Hamlyn,
J.
A woman deserted her husband, after
conceiving a child by him, and went to live with another man. The child was
born while she was living with this man. The issue was whether this man or the
husband was entitled to custody of the child.
HELD:
The fact that the woman left her husband does not entitle her to a divorce.
This being so, her living with another man does not confer upon him the status
of husband. He has no claim to the custody of the child as it was conceived
while a valid marriage was in force.
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