Schleuter v. McCuiston

The plaintiff, Linda Tucker Schleuter, appeals from the dismissal of her petition for a writ of habeas corpus. The petition alleges Lucille and Bob R. McCuiston are unlawfully and forcibly detaining Andy Tucker, a minor child and the son of Linda Schleuter. For reasons herein indicated, we do not reach the issue of the child’s best interests. However, a summary of the events leading up to this appeal is necessary to an understanding of our holding.

Andy was born September 27, 1972. Lucille Mc-Cuiston is his paternal grandmother and Bob R. Mc-Cuiston is his stepgrandfather. Andy has an older…