PAINTER V. BANNISTER
140 N.W.2d 152 (1966)
NATURE OF THE CASE: This was a custody dispute between a father and grandparents. In a
habeas corpus action, Bannister, maternal grandparents, challenged a decision, which awarded
custody of the minor child to Painter, the father.
FACTS: Painter (F) had two children of which one was killed along with his wife in an
auto accident. F, after other arrangements for the child's care had proved unsatisfactory,
asked the Bannisters (G). to take care of the child, who was five years old. F remarried in
1964, one year later, and told G that he wanted his 7-year-old son back. A dispute erupted
and G refused to let the boy leave their care. The trial court awarded custody to F and
issued a writ of habeas corpus. That was stayed execution until the matter could be
determined on appeal.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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