Miller v. Marticorena

TUCKETT, Justice:

We have an unusual fact situation in these proceedings wherein two former husbands of Sheryl Rae Miller Marticorena contest the right to have the custody as well as the duty of supporting a child born to Mrs. Marticorena. From an adverse ruling by the district court, Sergio Marti-corena, denominated third-party defendant, appeals to this court.

On May 10, 1969, the plaintiff, Richard W. Miller, and Sheryl Rae Miller were married. Shortly thereafter, plaintiff left for Fort Gordon, Georgia, where he began a tour of active duty with the army. Richard’s tour of duty began on May…