Johnson v. Smith

Weltner, Justice.

Crystal L. Johnson brought habeas corpus action under OCGA § 9-14-1 (b) (Code Ann. § 50-101), alleging that her infant daughter was being detained illegally from her custody by the respondent, Patricia Ann Smith. Ms. Smith defended on the ground that Ms. Johnson had entered into a voluntary oral contract by which she released the right of parental control over the child to her, as provided in OCGA § 19-7-1 (b) (1) (Code Ann. § 74-108). The trial court agreed and entered judgment for Ms. Smith.

Ms. Johnson became pregnant in 1980. She was unmarried and employed as a teacher’s…