Mills v. Mills

Almand, Justice.

This writ of error presents but one question: In an action for divorce by the wife on the ground of cruel treatment and a cross-action by the husband on the ground of adultery in which both prayed for the custody of their minor child, and a divorce is granted on the husband’s cross-petition, did the court err in awarding the child to its maternal grandparents?

Code § 30-127, as amended (Ga. L. 1957, p. 412), provides that “in all cases of divorce granted, the party not in default shall be entitled to the custody of the minor children of the marriage.” In the instant case, when…