Guest v. Williams

Hall, Justice.

Appellee sued his former wife to have custody of their minor child changed from her to either him or his parents, with whom he was living. The court awarded custody to the paternal grandparents.

1. Since custody was given to third persons, rather than one of the natural parents, the standard of proof to be applied is that of clear and convincing evidence. Childs v. Childs, 237 Ga. 177 (227 SE2d 49) (1976); 239 Ga. 304 (236 SE2d 646) (1977). We find that there was sufficient evidence.

Appellant complains of the lack of evidence concerning the father’s unfitness. Even assuming she…