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IN RE GUARDIANSHIP OF RODGERS

No. 2 CA-CIV 106.

2 Ariz. App. 51 (1965)

406 P.2d 253

In the Matter of the GUARDIANSHIP of the Person OF Dana Lynn RODGERS, a Minor. Application of Dana Lynn RODGERS, by her legal Custodian, James Lee Rodgers. James Lee RODGERS, Appellant, v. Catherina DE ARMAN, Appellee.

Court of Appeals of Arizona.

Rehearing Denied November 3, 1965.

Review Granted December 28, 1965.

Attorney(s) appearing for the Case

Skousen, McLaws & Skousen, by Richard E. Skousen, Mesa, for appellant.

Cavness, DeRose, Senner & Foster, by Tom C. Foster, Phoenix, for appellee.

MOLLOY, Judge.

This appeal arises out of litigation between a father and a mother over the right to custody of their child. The lower court, after a hearing on a writ of habeas corpus and on a petition for the appointment of guardian, which hearings were consolidated, awarded custody of the child to the mother.

The facts pertinent to this appeal are undisputed. The mother and father were divorced in the State of Texas on May 25, 1961. The decree awarded custody...

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