Coker v. Montgomery

CARROLL, DONALD, K., Judge.

The respondent in a habeas corpus proceeding has appealed from two orders entered by the Circuit Court for Marion County, awarding the custody of the petitioner’s minor child to the petitioner and denying the respondent’s motion to dismiss the petition for the writ.

The two questions presented for our determination in this appeal are: whether habeas corpus is the appropriate remedy to change the provisions of a divorce decree as to the custody of a minor child where the respondent was not a party to the original divorce action but has custody of the child by virtue…