In re Kincaid

OPINION

By LAMNECK, J.

(Sitting by assignment.)

This is an action in habeas corpus wherein the mother of Michael Richard Kincaid, a minor born on July 24, 1942, seeks to obtain custody and control of said minor from its father. The parents of the child are living in a state of separation but are not divorced. The husband resists his wife’s petition and claims in his answer that she is an unfit person to have the custody of said child.

From the time of the marriage of the contending parties, during the latter part of 1941, until December 12th, 1942, when the husband was inducted into the military…