Merriman v. Selvey

CLAY, Commissioner:

This is a proceeding by a mother to obtain the custody of a six year old daughter who has lived with -the child’s paternal grandparents since her birth. The action, was filed as a “Petition for Writ of Habeas Corpus”, which is not the proper procedure in seeking the permanent custody of a child. Chamblee v. Chamblee, Ky., 248 S.W.2d 422; Howard v. Ragsdale, Ky., 249 S.W.2d 154. However, we will treat the proceeding as an equitable one, and the order directing the child to be delivered to its mother as a mandatory injunction.

The plaintiff’s husband, who was the son of the…