Bryant v. Wigley

Hill, Justice.

Appellee father filed an application for a writ of habeas corpus seeking return of his 10-year-old daughter who had been living a few weeks with the appellants, the child’s maternal aunt and uncle, since her mother’s death. The appellants denied the father’s right to have the child returned and counterclaimed for custody.

According to the evidence presented at trial, the child’s father and mother were divorced when the child was approximately three years old and the mother was granted custody of the child. They remarried about six months before the mother’s death. The appellants…