In re Standish

Headnote

Habeas corpus — proceeding by father to obtain custody of his infant daughter — when decision in prior habeas corpus proceeding in another state res adjudicata.

Matter of Standish, 197 App. Div. 176 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 13, 1921, which reversed an order of Special Term, made in habeas corpus proceedings, awarding to petitioner the custody of his infant daughter and dismissed the proceedings. The petitioner and his wife were divorced, the wife retaining custody of their child. After the death of the wife the child remained with her aunt, the respondent herein, who was appointed one of her guardians. Petitioner started habeas corpus proceedings in the state of Virginia to obtain possession of the child and after a hearing the court decided that it was best that the infant remain in the custody and under the control of its aunt, the respondent. Thereafter, the respondent having moved to this state, petitioner brought

this proceeding. The Appellate Division held that the Virginia decision, in the absence of evidence of a change in conditions, was res adjudicata.