OTT, Chief Judge.
This is an appeal from a judgment for custody on writ of habeas corpus which ordered surrender of Sherrie Ann Grooms, a minor child of 12 years, by the appellant to appellee. The issue of the best interests and ultimate welfare of the child was never fairly presented or tried. We therefore hold that a new trial on custody is required.
The appellant is the surviving spouse of the natural father of the child. The natural father had custody...
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