Morgan Reid brought habeas corpus against Nancy and Patterson Dial, for the possession of his son, J. R. Reid, 9 years old. The evidence demanded a finding that the child was born in the home of the defendants, his grandparents; that while a baby the father left the burden of his support and rearing on the defendants; that later the plaintiff abandoned his wife and child altogether; that the wife procured a divorce, and was awarded the custody of the child; that subsequently both parents married again; that the mother afterwards died, but upon her second marriage “gave the child to defendants while she was the legal and rightful custodian under decree of the court;” that the father failed to provide necessaries, and abandoned the child; and that *246the defendants, while poor, were able to support the child and provide a common, public-school education for him.

Under the evidence the court erred in rendering a judgment awarding the custody of the child to the petitioner. Civil Code (1910), § 3021 (3). Compare Southern Ry. Co. v. Flemister, 120 Ga. 524, 528 (48 S. E. 160).

Judgment reversed.