ROBERTS v. STAPLES

No. 8529.

442 P.2d 788 (1968)

79 N.M. 298

Osie ROBERTS and Stella Roberts, his wife, Petitioners-Appellants, v. Donald STAPLES, Respondent-Appellee.

Supreme Court of New Mexico.

July 1, 1968.


Attorney(s) appearing for the Case

Jack Underwood, Lovington, Perry O. Barber, Sr., Colorado City, Tex., for petitioners-appellants.

Albert J. Rivera, Alamogordo, for respondent-appellee.


OPINION

ARMIJO, Judge, Court of Appeals.

The maternal grandparents (appellants) by writ of habeas corpus sought to obtain custody of their four year old granddaughter from her father, appellee herein. Following trial, the court rendered its decision resolving the issues in favor of appellee and this appeal follows entry of judgment dismissing the petition.

The following facts are undisputed: by decree entered March 9, 1965, in divorce action, filed...

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