Supreme Court of Georgia, 1897

Franklin v. Carswell

Supreme Court of Georgia · Decided November 26, 1897 · Cobb

103 Ga. 553; 29 S.E. 476; 1897 Ga. LEXIS 406

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Cobb, J.

The father is entitled to the custody of his child during minority, unless such right has been relinquished or forfeited; and when in a habeas corpus proceeding involving such custody the evidence was conflicting as to whether the father had relinquished his parental right in favor of the grandmother, the discretion of the trial judge in awarding the child to the custody of the father will not be controlled.

Judgment affirmed.

All the Justices concurring.

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