Ex parte Parton

OPINION

FRASER, Chief Justice.

This is an appeal from a decision of the District Court of El Paso County, Texas, in which the trial court refused to grant a writ of habeas corpus as filed by Belva Parton, petitioner, seeking to obtain custody of her daughter, Marti M. Morrison, from the custody and care of the paternal aunt, Karen K. Fine, respondent. The parties will hereinafter be referred to as appellant and appellee.

The facts appear to be as follows: Samuel J. Morrison married appellant, Bel-va Parton, at El Paso, Texas in April of 1961. Of this marriage one child, Marti M. Morrison (the…