Rigdon v. Rigdon

Duckworth, Chief Justice.

While this court would disapprove any judgment denying a person the right plainly conferred prima facie by the first portion of Code Ann. § 30-127, yet in doing so we will not nullify the further provisions of that section which confer upon the judge the power to exercise a sound discretion in awarding the custody of children. As between parents the right of custody depends upon what will promote the welfare of the children. Madison v. Montgomery, 206 Ga. 199 (66 SE2d 292); Hicks v. Buffington, 209 Ga. 719 (75 SE2d 560); Graham v. Graham, 219 Ga. 193 (132 SE2d 66).…