In Re Brown

SHINN, P. J.

J.Habeas corpus to determine conflicting claims of divorced parents to the custody of a minor child. Petitioner, the mother, was awarded a decree of divorce and exclusive custody of the female child, 5 years of age, by the court of the Eighth Judicial District, in and for Clark County, Nevada, on April 9, 1948. Respondent, the father, was awarded a decree of divorce and exclusive custody of the child by the Superior Court of Los Angeles County, California, on April 30, 1948. In May, 1948, the child was taken from the custody of petitioner and has since been detained by respondent in the State of California. A writ of habeas corpus was issued upon the application of petitioner, respondent filed his return, and at the hearing it was stipulated that the petition be deemed a traverse to the return. The following facts were established, either by uncontroverted allegations of the verified pleadings or by stipulation of the parties at the hearing: Petitioner went from Los Angeles to Las Vegas, Nevada, in January, 1948, for the purpose of establishing residence in the State of Nevada; the child remained in Los Angeles- with respondent until March 3, 1948, when petitioner took her to Nevada, with the intention of retaining her custody permanently; the child remained in Nevada with petitioner; on March 5, 1948, the petitioner filed suit for divorce in Nevada and respondent was personally served with summons and complaint in Nevada on the same day; a demurrer was filed by a Las Vegas attorney for respondent, but it was later withdrawn upon an order of court after a showing that it had been filed inadvertently and without authority; respondent’s default was entered, and on April 9 the court adjudged that petitioner was a bona fide resident of the State of Nevada and granted her a divorce and sole custody of the child. Respondent instituted his action for divorce in Los Angeles County on March 2, 1948; petitioner was personally served with summons and complaint in Clark County, Nevada, on March 3d, the same day she had taken the child to Nevada. Petitioner defaulted in the California action and respondent was awarded a decree of divorce and custody of the child. In May, petitioner returned to Los Angeles with the child, and respondent, when allowed to visit the child, took her into his custody upon the authority of the California decree. Petitioner has remarried and now resides with her husband in Utah.

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