Mock v. Mock

In this case the trial court found both parents equally fit to raise the minor child. However, the trial court granted custody of the child to the father because of his further finding that the mother was at fault in causing the divorce by her adulterous conduct. The trial court’s ruling was based on OCGA § 19-9-l(a) which provides in part: “In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage.” However, this part of the statute is overridden by the rule that “[a]s between parents the right of custody…