In Re Marshall

This matter is before the court on petition for a writ of habeas corpus to determine as between petitioner, Frank Marshall, and respondents, Aileen H. Haremza and Donald Haremza, the right to the custody of Betty Nadine Anderson, a minor child, not related by blood to either petitioner or respondents.

The history of the case, as disclosed by the record, is as follows: On October 10, 1923, the minor, who lived with petitioner and respondent Aileen H. Haremza, was, by proceedings had in the probate court of the county of Wyandotte, state of Kansas, duly adopted by respondent Aileen II. Haremza, formerly married to petitioner, Frank Marshall, but now the wife of Donald Haremza; on September 21, 1927, while divorce proceedings were pending between petitioner, Frank Marshall, and respondent Aileen H. Haremza, formerly Aileen H. Marshall, and which terminated in a decree of divorce being entered, petitioner, Frank Marshall, and respondent Aileen H. Haremza, then his wife, entered into a written agreement concerning the custody of the minor, by which agreement Aileen H. Haremza transferred the custody and care of the minor to petitioner; petitioner moved from California, taking the…