Curry v. Little
Curry v. Little
Opinion
In this child custody action, the maternal aunt appeals from a judgment denying her petition for habeas corpus brought against the children’s natural father. The natural parents were married but at the time of the natural mother’s death they were separated.
A person who has no legal right to the custody of a minor child has no standing to bring a habeas corpus *220 action to obtain custody of such a child from a natural parent with parental rights. Spitz v. Holland, 243 Ga. 9 (1979). See Code Ann. §§ 24A-301 (a) (1) (c), 24A-301 (a) (2) (c), 24A-1602,24A-3201 (a). An aunt has no legal right to the custody of a minor child who has a living natural parent with parental rights. The trial court did not err in denying the aunt’s petition for habeas corpus.
Judgment affirmed.
Reference
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