Legal Opinion
Knox v. Knox
Supreme Court of Georgia
Decided July 9, 1970No. 25862PublishedCited by 7 opinions
1Opinion of the Court
Felton, Justice.
1. In the plaintiff father’s habeas, corpus action against his divorced wife for the custody of their nine-year-old daughter, the applicable law is Code § 74-107 (Ga. L. 1913, p. 110, as amended), rather than Code § 50-121. Harwell v. Gay, 186 Ga. 80, 84 (196 SE 758); Fort v. Alewine, 223 Ga. 359, 361 (155 SE2d 12).
2. The provision of Code Ann. § 74-107, as to no prima facie right to the custody of the child in the father, did not enlarge the rights of third parties, which are governed by Code § 50-121. Hill v. Rivers, 200 Ga. 354, 362 (37 SE2d 386). “While, as between the…
2Cases cited5 opinions
- Sloan v. JonesSupreme Court of Georgia · 1908
- Hill v. RiversSupreme Court of Georgia · 1946
- Perkins v. CoursonSupreme Court of Georgia · 1964
- Harwell v. GaySupreme Court of Georgia · 1938
- Fort v. AlewineSupreme Court of Georgia · 1967
3Cited by7 opinions
- Clark v. WadeSupreme Court of Georgia · 2001
- Drummond v. Fulton County Department of Family & Children ServicesSupreme Court of Georgia · 1976
- Jackson v. JacksonSupreme Court of Georgia · 1973
- Robert George Drummond and Mildred Pauline Drummond v. Fulton County Department of Family and Children's Services, Etc.Court of Appeals for the Fifth Circuit · 1977
- Clark v. WadeSupreme Court of Georgia · 2001
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