Wigley v. Bryant

Jordan, Chief Justice.

Alvin E. Wigley filed a petition for habeas corpus seeking custody of his 10-year-old daughter from the Bryants, her maternal aunt and uncle, with whom she had been living for several weeks since her mother’s death.

After a hearing the trial court concluded as a matter of law that the father’s parental rights had not been terminated and granted the writ of habeas corpus. In so doing, however, the trial court stated, “There is no question whatsoever but that the best interests of this child would be served by leaving that child with [the Bryants, her aunt and uncle] ...…