Cooper v. Stephens

Duckworth, Chief Justice.

When any person in whom, for any cause, the applicant is interested, is kept illegally from the custody of the applicant, said applicant may sue out a writ of habeas corpus to inquire into the legality of such restraint. Code § 50-101. Where, as here, the father of a minor child applied for a writ of habeas corpus against the mother, setting forth therein the divorce decree between them, whereby the custody of the child was awarded to the mother with the applicant given the right of visitation at all reasonable times and places, “to have custody and control for…