Commonwealth ex rel. Cleary v. Weaver

Lipez, P. J.,

In this habeas corpus proceeding, petitioner, Marjorie L. Cleary, of Richmond, Va., asks us to grant her custody of her nine-year-old child, Vicki Lynn Weaver, who is presently in the custody of her paternal grandmother, Frances E. Weaver, of Mill Hall, this county, with whom she has resided since she was three.

The testimony discloses that petitioner and her then husband, Guy Weaver, separated in November 1951, while living in .Richmond. They had two children, Bonnie Jean, now 14, who remained with petitioner, and Vicki, who came to Mill Hall with her father to the grandmother’s…