Rodgers v. De Arman

MOLLOY, Judge.

This appeal arises out of litigation between a father and a mother over the right to custody of their child. The lower court, after a hearing on a writ of habeas corpus and on a petition for the appointment of guardian, which hearings were consolidated, awarded custody of the child to the mother.

The facts pertinent to this appeal are undisputed. The mother and father were divorced in the State of Texas on May 25, 1961. The decree awarded custody of the parties’ minor daughter and son to the mother for a period of nine months out of each year, beginning the first day of September…