In re Herrera

CHAPMAN, Justice.

This litigation was initiated in the court of original jurisdiction by a writ of habeas corpus caused to be issued by Anita B. Herrera to secure possession of her seven-year old son, Johnny Herrera, from the child’s paternal grandparents, Victor Herrera and his wife, Margarita Herrera.

All emphases and parenthetical statements hereinafter made are ours.

Though not divorced, Anita had not lived with the child’s father, Jessee Herrera, for a number of years. At least one reason is that Jessee had been in the penitentiary a number of times. The record is not clear as to whether it…