In Re Herlihy

This is a habeas corpus proceeding. It was instituted by the father, the sole suiwiving parent of a child about tAVO years and three months of age, for the purpose of obtaining the custody of the child Avhicli is noAV with its maternal grandparents, the respondents herein. The circuit judge decided that the petitioner and not the respondents Avas entitled to the custody and control of the child and entered judgment accordingly. The respondents appealed to this court.

Section 3033, R. L. 1925, as amended by Act 77, L. 1931, is as folloAvs: “The father and mother of an unmarried minor child are…