— This is an original action brought by the relators to compel the respondent court to reinstate relators’ petition to intervene and hear the same and other related matters.
The facts presented to us show that a divorce decree was granted to Carl O. Hooker from his wife, Patricia, in June, Í955. At that time the wife was given the custody, of one of their children, while the husband was given the custody of the other, Carmen. Yvonne Hooker, the subject of this controversy.
The relators filed in the trial court a petition to modify the custody order as to Carmen, alleging that Carmen is now nine years of age and that her father has never had the custody of her; that he has never provided support for her or given her any attention as a parent; .that she has been in the custody of the relators since the divorce. It is further alleged that the father has remarried and now wants the custody of Carmen and is threatening to seize the child unless restrained.
The trial court in which the- divorce decree and custoday order was entered granted the petition to intervene therein and permitted the filing of the. petition to *541modify the custody order. It also upon petition, granted a restraining order against Carl O. Hooker. The record shows notice was given to both parties to the divorce judgment and both parents have entered appearances by attorneys.
Upon the appointment of a special judge, a..motion to strike the petition to intervene was filed by the father. This was sustained and the restraining order dissolved. The relator now asks us to mandate the trial court to reinstate its previous orders and hear the matter on the merits. We granted a temporary writ.
The respondent court claims that the relators are strangers to the record in the divorce case and have no right to intervene'to modify the judgment pertaining to the custody. This, as a general principle of law, is true. However, as to the custody order, different principles are applicable.
In the matter of the custody of children we have held many times that the court granting the divorce judgment and fixing the custody of the children has continuing jurisdiction thereafter, during their minority, over their care and custody. Haag v. Haag (1959), 240 Ind. 291, 163 N. E. 2d 243; Duckworth v. Duckworth (1932), 203 Ind. 276, 179 N. E. 773; Manners v. State (1936), 210 Ind. 648, 5 N. E. 2d 300; McDonald v. Short, Supt. (1921), 190 Ind. 338, 130 N. E. 536.
The paramount concern of the court is the welfare of the children, and the court retains jurisdiction of such matters without any specific reservation in the decree. Stone v. Stone (1902), 158 Ind. 628, 64 N. E. 86.
We may ask what is the remedy of the relators in this case, if we assume they are correct in what they allege and the welfare of the child entitles them to her;. *542custody? They cannot bring an action for a writ of habeas corpus since they have the physical custody of the child at this time. Must they permit the father to seize the child and subject it to such harassment and excitement in order to bring such an action ?
The facts alleged, if proved, in our opinion are sufficient to show a substantial interest in the welfare of the child, held by the relators. The petition in substance alleges an abandonment of the child by the father and at least a consent to or acquiescence in the custody by the relators. They and the child whose physical custody they hold are real parties in interest and are entitled to be heard in the determination of the merits of the issue as to whether or not any modification of the original custody order is to be made.
Controversies of this kind should be settled in courts of law as the relators seek to do, rather than left to physical combat and abduction. It is alleged that an attempted abduction has occurred, to the detriment of the child’s emotional condition. If the father refuses to bring an action in a court of law to determine the issues peaceably, then the relators are entitled to a forum and a hearing for that purpose. The respondent court is the forum for that determination.
The temporary writ heretofore issued is made permanent.
Achor, C. J., concurs with opinion. Myers, J., concurs. Landis, J., concurs in result. Jackson, J., dissents with opinion.