Githens v. Githens

Undercover, Presiding Justice.

Darlene Alice Githens filed a habeas corpus petition seeking to obtain the custody of her two minor children from James Henry Githens, their father. Custody of the children had been awarded to her under a divorce decree. The father’s wife and sister were also named as defendants. The father sought to have custody of the children awarded to him based on a material change of conditions affecting the children.

After an extensive hearing the trial court found that a material change of conditions had occurred and awarded the children to their father. The appeal is from…