In Re Walker

This appeal originated in habeas corpus proceedings brought by a father against a mother to obtain possession of a child by virtue of a custody award made in Texas and a motion of the mother to have custody reaffirmed in her in accordance with the custody provisions of a prior California divorce decree. From an order awarding custody to the mother, the father has appealed.

The facts are as follows: Sherwood Maurice Walker, hereinafter referred to as petitioner, and Carma Ann Bourland, formerly Walker, hereinafter referred to as respondent, were married in June 1953. A daughter, Sharel Lynn Walker, was born to them in September 1954. Respondent subsequently instituted a divorce action against petitioner in the Superior Court of Kern County, California, and, on November 26, 1956, an interlocutory decree granted her a divorce and awarded custody of Sharel to her, petitioner to have the right of reasonable visitation with his daughter with no prohibition against removing her from the State of California. These provisions were carried into a final decree of divorce entered on January 27,1958.

At the time of separation Sharel was 9 months of age. Respondent returned with the baby to…