Tompkins v. Garlock

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a habeas corpus action by a mother, who was previously given the custody of her four minor children by a foreign divorce decree, from the decision of the district court of Johnson County, Kansas, changing custody of the two oldest children to the father.

The question presented is whether the trial court had jurisdiction to change custody.

The parties formerly lived in Texas where the father was finishing medical training. They had four children who were at the time of trial in this action 11, 8, 6 and 5 years of age. In…