Ellis v. Social Services Department of the Church of Jesus Christ of Latter-Day Saints

HALL, Justice:

Plaintiff appeals the dismissal of his amended complaint for writ of habeas corpus whereby he had sought a determination that his illegitimate child was being “illegally restrained” and that he, the putative father, be awarded custody. Inasmuch as no evidence was taken below, there is no evidentiary record before the Court and the allegations of the verified complaint must be considered true for purposes of this appeal.1

Plaintiff is 23 years of age and C-B_ (hereinafter referred to as “the child’s mother”) is 18 years of age. Both are residents of California and were engaged to…