McKay v. Mitzel

(on reassignment).

Petitioner brings habeas corpus proceedings to determine the custody of three minor children. The parents were divorced in 19SS, and custody of the children was awarded to the mother by the decree. The petitioner is the natural father, who was remarried, in 1957, to a woman who had two children by a former marriage. Two other children have been born as the issue of this second marriage.

The natural mother, who also remarried following the divorce, died in 1963, and this proceeding was brought by the father to secure the custody of the three children by his first marriage.

The…