In Re Custody of Hernandez

SPAETH, Judge:.

This is a child custody case. The question is whether Mickey Frances Hernandez, now 4V2 years old, should be awarded to her mother, Frances Hernandez (Garcia) and her husband, Miguel Garcia, or to Robert and Twila Peterson, with whom Mickey has been living since March 1973. The case arises on the Garcias’ petition for habeas corpus, filed in September 1974. The lower court denied the petition, and awarded custody of Mickey to the Petersons. This appeal followed.

I

Before examining the facts of any case, one should be clear in one’s mind about the legal principle that will guide…