Smith v. Smith

Undercofler, Justice.

Mattie Mae Allen Smith, a resident of Wilkinson County, filed an application in the nature of a habeas corpus in Washington County against her former husband, Billy Scott Smith, seeking custody of their minor child. The child had been awarded to the applicant by a decree of the Wilkinson Superior Court in a divorce action. The defendant father was granted visitation rights. The defendant filed a cross complaint contending that a material change of condition affecting the welfare of the child had occurred since the original award to the mother. The trial judge refused to…