In Re Petition of Smith

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Petitioners appeal from a denial in part of a petition of adoption and a granting in part of respondent’s petition of habeas corpus.

Petitioners initiated an action to adopt the minors John Joseph Merges, Jr. (Hereinafter John, Jr.) and Dawn Denise Merges. Shortly thereafter respondent (John J. Merges, Sr.) filed a writ of habeas corpus seeking custody of the said children.

After hearings on the petitions the trial court ordered that the adoption petition be allowed as to Dawn Denise Merges but denied as to John, Jr. The corut…