Mergerson v. Daggett

Delois Mergerson seeks a writ of mandamus to compel the Honorable Allen J. Dag-gett, Judge of the 310th District Court of Harris County, to vacate an order of habeas corpus giving custody of her niece to the child’s natural mother, Mildred Jones. We conditionally grant the writ.

On January 23, 1979, Delois Mergerson was appointed temporary guardian of the person of her niece by order of probate court No. 3 of Harris County. Thereafter, the child lived with her aunt in Wichita County. On June 23, 1982, Mrs. Mergerson filed an original petition in a suit affecting the parent-child relationship,…