People ex rel. Charbonneau v. Charbonneau

Appeal from a judgment of the 'Supreme Court at Special Term, entered February 25, 1970 in Fulton County, which sustained, without a hearing, a writ of habeas corpus. This controversy involves the custody of the two children of petitioner and the respondent. The children have been at all times with the respondent mother with visitation rights to the petitioner father. On October 3, 1969 letters of guardianship were issued by the Surrogate to petitioner in a proceeding in which both petitioner and respondent sought letters. In a comprehensive opinion the Surrogate determined, after a hearing,…