Ex Parte De Castro

On October 26, 1945, the court, of its own motion, and by an order duly entered of record, referred this case to the undersigned as Commissioner of the court to hear the evidence, rule on all questions of law, and make a report to the court of his conclusions of law and fact, together with his recommendations. Pursuant to such order, the hearing was had and concluded; and the Commissioner's report is herewith submitted.

This is a proceeding in habeas corpus to obtain the custody of an infant child, one Gloria Jean De Castro, who at the time of the hearing before the Commissioner was two years…