In Re Richard M.

Opinion

SULLIVAN, J.

In this proceeding petitioner Dolores L. seeks by writ of habeas corpus to have her four-year-old son, Richard M., returned to her custody. Petitioner alleges that Richard M. is an illegitimate unmarried minor, that she is entitled to exclusive custody and control of him, that he resided with her until October 31, 1973, at which time respondent Jesse H., the child’s natural father, wrongfully detained him, and that Jesse H. continues to restrain the child unlawfully and against petitioner’s wishes.

In his return to the order to show cause issued in this proceeding,…