Hinton v. Byerly

PALMORE, Judge.

This appeal presents a procedural jumble of unbelievable proportions involving the custody of Kaneta Ann Hinton, a small child who will be four years old on April 24, 1972. The appellants, Robert and Barbara Hinton, are her natural parents. The appellees, John W. and Barbara Byerly, who have physical custody of the child, are not related to her by blood or marriage. To avoid confusion, since they have the same first name, we shall refer to Barbara Hinton as Barbara and to Barbara Byerly as Mrs. Byerly.

*139The tug-of-war began with a habeas corpus proceeding (#9807C) initiated in…