In Re Ritsu Kotani Sunada

OPINION OF THE COURT BY

BANKS, J.

This is a habeas corpus proceeding brought by a mother to obtain the custody of her child that was born out of wedlock. After hearing the evidence the circuit judge entered a judgment dismissing the writ. The petitioner brings the case here on appeal.

The child was born on August 25, 1927. Shortly after its birth it was given into the custody of its father, who acknowledged his paternity, but ivas thereafter, in conformity with the mother’s wishes and at the instance and through the intervention of a probation officer, returned to the mother. About a week later…