Alvarez v. Sills

Hunt, Justice.

Kathy Thompson Alvarez filed a petition for habeas corpus seeking the return of her twin daughters from her aunt. The trial court dismissed the petition and the mother appeals. We reverse.

The mother, a Nebraska resident, obtained a divorce there in August of 1980 and was awarded permanent legal custody of the twins. In May 1981, the mother agreed in writing for her aunt, Nell Martin Sills, to have care and custody of the children for two years. The agreement provides that at the end of the two-year period, the mother would regain custody if she were able to care for the children…