Porter v. Johnson

Marshall, Justice.

This is a habeas corpus proceeding for child custody. The plaintiff-appellee had custody of her illegitimate son, and, by a divorce decree in March of 1972, obtained custody of her legitimate son. According to the plaintiff, on April 5, 1972, she gave possession of the two minor children to her ex-husband, the father of the legitimate child, so that she could recover physically and financially from back injuries and sickness. The children were placed with the ex-husband’s parents, defendants-appellants, with whom they have lived ever since.

The record shows, however, that the…