Shorty v. Scott

OPINION

STEPHENSON, Justice.

In this declaratory judgment action, appellant, Mrs. Shorty, unsuccessfully sought to regain custody of her two preschool age daughters from her mother, the maternal grandmother of the children, Mrs. Scott. Mrs. Shorty appeals.

Mrs. Shorty and her late husband, Larry Shorty, were living in Gallup in 1970, when Mr. Shorty was killed in a traffic accident. The Shortys had one daughter, Frances Lucille. A posthumous child, Carrie Ann was born later.

Mrs. Scott was invited to live with the Shorty family following Mr. Shorty’s death. In February, 1971, the parties returned…