Hilliard v. Hilliard

Hill, Justice.

Henry Hilliard, Jr., was awarded custody of his son in the divorce proceedings between himself and the child’s mother. Thereafter the father and son resided with the child’s paternal grandparents for some 14 months, until the father remarried and established a separate residence. When the grandparents refused to relinquish physical custody of the child, the father brought this action for habeas corpus. The grandparents filed a counterclaim in which they alleged a change of condition since the original custody decree, as well as abandonment by the father of his child.

Finding that…