Lodge v. Lodge

Jordan, Justice.

In this habeas corpus proceeding between divorced parents involving the custody of a 10-year-old daughter the respondent father appeals an order awarding the child to the mother based on a finding of a change in condition.

The father was present at the hearing but did not testify. The mother testified, but she was not cross examined. The habeas corpus judge interviewed the child out of the presence of the parents, and the record is silent as to any objection to this procedure. He ascertained that she preferred to live with her mother.

The undisputed evidence discloses that…