eBook details
- Title: Application Marie Mcgregor for a Writ
- Author : Supreme Court of Idaho No. 11745
- Release Date : January 04, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is a child custody dispute between the natural mother of the child, Marie McGregor, (hereinafter respondent) and the paternal grandmother, Margie Louise Phillips, and her husband, Leland Everett Phillips (hereinafter appellants). Respondent, a resident of Amity, Oregon, filed a Petition for Writ of Habeas Corpus in Idaho on April 15, 1974, to recover custody of her daughter, Jessica Ann Faith McGregor (hereinafter Jessica or child.) The child was living at the time with the appellants, residents of Homedale, Idaho. Appellants filed an answer opposing respondent's petition. Appellants are the step-father and mother of respondent's former husband, Robert McGregor, the natural father of the minor child. The only issue of the marriage between respondent and Robert McGregor was the minor daughter, Jessica, born July 29, 1970. Respondent had physical custody of the child from the time of the birth to September 16, 1971. On September 16, 1971, respondent placed her child with the appellants, who were residing in Homedale, Idaho at the time. Respondent returned to her job in Oregon on or about the 16th or 17th of September, 1971, hoping to earn enough money to care for her child. She returned to Idaho within a week to ten days, after becoming homesick for her child and quitting her job. She took up residence with the appellants until the end of September. Respondent found work as a waitress and moved out of the appellants' home into a small rental on or about October 1, 1971. Jessica remained with the appellants, as respondent was not earning sufficient money to provide for the needs of her child. Respondent resided in this house for approximately one month. She then returned to Oregon sometime in November of 1971 to live with her parents. Respondent testified at trial that she left for Oregon without her child because she was warned by Paul Phillips (a son of the appellants) not to go near the appellants' home.