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Bales v. Lowery

The trial court erred in denying the mother's petition for habeas corpus seeking the return of her daughter from the child's father, who was withholding the child from the mother in violation of a valid child custody order.

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Jennifer Bales appeals the trial court’s order denying her petition for habeas corpus seeking the return of her older daughter from the child’s father, Steven Lowery. We conclude that the trial court erred in denying the petition and therefore reverse.

1. Jennifer Bales Mother and Steven Lowery Father divorced in Wilkinson County in 2013. The divorce decree, which incorporated the parties’ settlement agreement, awarded them joint legal and physical custody of their two daughters; said that custodial time shall be shared between the parties to allow for the children to have equal time with both parents and the parents shall cooperate with each other to reach this goal, but specified that the girls would reside with Mother during the school year; and gave Mother final decision-making authority in matters involving the girls’ education. The decree also included a default visitation schedule that gave Father the girls for the entirety of the summer break from school except for one week, but required him to return the children to Mother five days before the start of the new school year.

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