Chelena v. Chelena

Hawes, Justice.

This is a child custody case. In a prior divorce proceeding custody of the three children of the parties was awarded to the wife, who was the defendant in the court below and appellant here. The father of the children instituted this petition for habeas corpus alleging that the defendant was detaining the children, girls, 6, 7 and 8 years of age, in an intolerable situation in that she was living openly and notoriously with a married man who was not her husband; that she habitually consumed excessive amounts of alcoholic beverages, and that the health and welfare of the…