Smith v. Martin

SARTAIN, Judge.

Shirley Marie Smith filed a petition for a Writ of Habeas Corpus seeking to obtain the custody of her minor child, Dean O. Martin, age six, from its paternal grandmother, Mrs. Forrest Martin, Sr. The trial judge dismissed plaintiff’s petition and awarded the permanent custody to Mrs. Martin, Sr., from which judgment plaintiff appeals. We reverse.

The petition alleges inter alia that the child is the issue of her marriage to John L. Martin; that petitioner filed suit against her husband on July 20, 1970, for a separation; that her husband answered and filed a reconventional…