In Re Gibson

The case turns on the validity of the final decree entered in the Circuit Court of Florida on 13 July, 1942. If this decree be void, the petitioner and his wife are living in a state of separation, without being divorced, and habeas corpus will lie under C. S., 2241, to determine the custody of their minor child. But if this Florida decree be valid, the petition must fail, for as to divorced parents habeas corpus is not available to determine the custody of their children. In re Ogden, 211 N. C., 100, 189 S. E., 119, and cases there assembled.

We think theré was error in holding on the facts…