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WHITAKER v. GLERUP

No. 7229; CA 9393.

580 P.2d 1073 (1978)

35 Or.App. 201

Application of Janice Marie WHITAKER, a/k/a Janice Marie Glerup, for a Writ of Habeas Corpus for William Anthony Glerup. Janice Marie Whitaker, Appellant, v. Samuel Mark GLERUP and Patty Glerup, Husband and Wife, Respondents. State of Oregon ex rel. Janice Marie Whitaker, a/k/a Janice Marie Glerup, Appellant, v. SAMUEL MARK GLERUP, Respondent. In the matter of the Establishment of Custody and Support of William Anthony Glerup. Janice Marie Whitaker, a/K/a Janice Marie Glerup, Appellant, v. Samuel Mark GLERUP, Respondent.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Roscoe C. Nelson, Jr., Portland, argued the cause for appellant. With him on the brief were Nelson & Nelson, Portland, A. Duane Pinkerton II, and Cramer & Pinkerton, Burns.

Douglas G. Combs, Ontario, argued the cause for respondents. With him on brief were Combs, Tharp & Pierce and Steven J. Pierce, Ontario.

Before JOHNSON, P.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

The sole issue in this case is custody of the six-year-old son born out of wedlock to petitioner-appellant mother and the respondent father.1 Mother brought a petition for a writ of habeas corpus seeking return of her son, who was retained by the father after a weekend visitation. The trial court first entered a temporary order placing the child with the father pendente lite and then, following a full evidentiary...

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