In re C.S.N.

Under present Missouri law, I am constrained to concur.

As noted by the majority, this is an appeal from a grant of habeas corpus. S.N., the natural father, was awarded custody of his two children, C.W.N. and M.S.N. The natural father filed the writ against the children’s stepfather and maternal grandmother, who were holding the children after the death of their natural mother. The mother had custody of the children pursuant to a divorce decree entered on October 27, 1970.

At the evidentiary hearing held by the trial court, all the parties testified, including the children. The court also…