Fowler v. Fowler

Atkinson, Presiding Justice.

1. “While the judge, upon a hearing of a writ of habeas corpus for the detention of a child, is vested with a discretion in determining to whom its custody shall be given, such discretion should be governed by the rules of law, and be exercised in favor of the party having the legal right, unless the evidence shows that the interest and welfare of the child justify the judge in awarding its custody to another.” Butts v. Griffith, 189 Ga. 296 (2) (5 S. E. 2d, 907), and cit.; Code, § 50-121.

2. Under the evidence, which showed that the grandparents had taken care…