Phillips v. Kiraly

This is a habeas corpus proceeding instituted on July 5, 1957, by Charles Kiraly, Jr. against Ferrel K. Phillips and Frederick H. Phillips, her husband, asking for the custody of Anne Allison Kiraly, the five and one-half year old daughter of Kiraly. Ferrel K. Phillips and Frederick H. Phillips, hereinafter referred to as Phillips, or as appellants, answered, alleging that Kiraly was not a fit and suitable person to have custody of his child from the standpoint of her welfare.

All of the evidence was heard ore tenus by the court, with the exception of three short depositions, two relating to…