Logan v. Smith

HODGES, Justice.

This is an application to assume original jurisdiction and a petition for a writ of prohibition to prevent the maternal grandmother from intervening in a divorce proceeding by requesting, on her own motion, to modify custody of the children of the parties.

Allison Logan and Leonard David Logan were divorced on May 12, 1978. Custody of the parties’ two children was awarded to Allison Logan. Leonard David Logan has had actual physical custody of the minor children during the past summer. The maternal grandparent, Jo L. Day, filed a motion to modify on August 24, 1979, requesting…