Columbus v. Gaines

Marshall, Presiding Justice.

The appellant-father filed a petition for habeas corpus1 seeking permanent custody of his 11-year-old daughter, of whom the probate court had appointed the defendant maternal aunt testamentary guardian after the death of the child’s custodial mother. The petition alleged that the minor child is a deprived child, living in conditions *519which, if not remedied, will cause her to suffer serious physical, mental, moral or emotional harm; and that the defendant guardian is not a fit and proper person to have the care and custody of the child.

The defendant answered,…