Foster v. Superior Court

Proceeding in prohibition.

The action sought to be prohibited concerns the custody of an infant born in 1927 and known as Whitney Foster, the adopted son of petitioner and her former husband, John Morrell Foster. These spouses were divorced in March, 1933, by the court of Minnehaha County, South Dakota, and the custody of the child was divided between them as follows: to the wife from June 1st to September 1st and to the husband for the remaining portions of each year.

Petitioner has established a" residence in California; the husband has kept his residence in South Dakota. During the period of…