Entrekin v. Friedman
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When Jay Kaminsky and Diana Entrekin divorced in 2009, they agreed to a parenting plan by which they would share joint legal custody of their son, but Kaminsky alone would have physical custody of the child. The parenting plan also addressed the possibility that Kaminsky might not survive the minority of the child, expressing that Toby Kaminsky Friedman (paternal aunt of the child) have physical custody in the event Kaminsky died. That parenting plan was approved by the court and made a part of the final decree of divorce. Kaminsky died in 2013. In the days following his death, various members of his family (including Friedman) took custody of the child, and they refused to give the child over to Entrekin. Entrekin filed a
petition for a writ of habeas corpus, alleging that she was entitled to custody of the child. Around the same time, Friedman filed her own petition for custody of the child. Following a hearing, the trial court denied the petition for a writ of habeas corpus, awarded temporary custody of the child to Friedman, and allowed supervised visitation with the child to Entrekin. Entrekin appealed the denial of her petition for habeas corpus. Finding no reversible error, the Supreme Court affirmed the denial of that petition.
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