Turner v. Turner
Supreme Court of Georgia
Certiorari. Before Judge Park. Putnam superior court. September 20, 1919. The father of two boys ten and twelve years of age sought by habeas corpus to recover their custody from the mother.
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Certiorari. Before Judge Park. Putnam superior court. September 20, 1919. The father of two boys ten and twelve years of age sought by habeas corpus to recover their custody from the mother. On the first hearing the ordinary of the county awarded the custody to Sam Solomon, the maternal uncle of the children. ■ A certiorari to this judgment was sustained, with instruction to the ordinary to investigate and decide as to whether the father 'or the mother was entitled to the custody, “as under the law and facts in this case the father or the mother is entitled to the possession of the minors.”…
1Opinion of the Court
Atkinson, J. 1.
“ In all cases where the custody of any minor child or children is involved between the parents, there sball be no prima facie right to the custody of such child or children in the father, but the court hearing such issue of custody may exercise its sound discretion, taking into consideration all the circumstances of the case, as to whose custody such child or children shall be awarded, the duty of the court being in all such cases in exercising such discretion to look to and determine solely what is for the best interest of the child or children, and what will best promote…
2Cases cited1 opinion
- Tippins v. TippinsSupreme Court of Georgia · 1918
3Cited by3 opinions
- Parr v. ParrSupreme Court of Georgia · 1943
- Proctor v. ProctorSupreme Court of Georgia · 1927
- McCallum v. McCallumSupreme Court of Georgia · 1924