Everett v. Sharpe

Head, Justice.

The trial judge in every habeas corpus case involving the custody of minor children is vested with a wide discretion. It has been stated many times, however, that this discretion is not free or arbitrary, but is to be governed by the rules of law, and should be exercised in favor of the party having the legal right of custody, unless the evidence shows that the welfare and interest of the child would justify the judge in overriding the rights of the person holding the legal claim. Shope v. Singleton, 196 Ga. 507 (2) (27 S. E. 2d, 26), and cases cited.

The order of the judge in…