Honigsberg v. Goad

JONES, Justice.

Ruth Ann Honigsberg seeks a writ of prohibition against the judge of the Allen Circuit Court. She alleges that the Allen Circuit Court does not have jurisdiction to make a determination of the custody of Derick Scott Marsh and Barry Todd Marsh, two sons born to her and Berlin C. Marsh.

Prior to 1969, Ruth and Berlin were husband and wife. They had three children; Berlinda, Derick and Barry. In 1969 she and Berlin were divorced. In a separation agreement Ruth was granted custody of the children. In 1972, Ruth and Berlin agreed that he could have custody of Berlinda. In July 1976,…