Pauline J. Ruck v. Joseph W. Ruck

GOODWYN, Justice. The appellant, Pauline J. Ruck, filed a petition for a writ of habeas corpus in the circuit court of Montgomery
County seeking custody of her two children, Leslie and Evelyn, who were 8 and 6 years of age, respectively, when the proceeding
was instituted. The appellee, Joseph W. Ruck, is appellant's divorced husband and the father of said children. In June, 1951, the Superior Court of Cook County, Illinois, rendered a decree granting a divorce to Mrs. Ruck on the ground
of cruelty. The divorce decree awarded the care, custody and education of said children to their father, who has had their
custody continuously since the parties' separation in July, 1950. In September, 1953, the same court rendered a decree modifying
the original decree by awarding custody of the children to Mrs. Ruck. In December, 1953, she instituted the proceeding now
under review, seeking custody of said children on the strength of the modified Illinois decree. At the time of filing the
petition the children were residing with their father in Montgomery County.