Meyers v. State of Georgia

Eberhardt, Judge.

We reverse. On the issue of whether custody of a child is to be denied a parent, the facts must be construed in the parent’s favor, i.e., against an abandonment. Johnson v. Strickland, 88 Ga. App. 281, 283 (76 SE2d 533).

The term "abandonment” has been well defined in McComas v. Glendinning, 59 Ga. App. 234, 235 (200 SE 304). Applying the tests of that definition it is apparent that appellant had no intention of giving up her child never to resume or claim her rights of interest in it. Her actions were not those of a deliberate, carefully weighed decision by one under no…