Duncan v. Harden

Jordan, Justice.

Scott Owen Duncan and Linda Dale Lentz Duncan brought a petition for the writ of habeas corpus against the Director of the DeKalb County Family and Children Services and the Commissioner of the Georgia Department of Human Resources, seeking to obtain custody of their minor child. The trial judge denied the parents relief under their habeas corpus petition, and the appeal is from that judgment.

The mother was unmarried at the time of the child’s birth on May 13,1974. She married the father of the child a few days before their habeas corpus petition was filed on September 19,…