Mathis v. Nicholson

Jordan, Justice.

This is an appeal by the mother of two minor children from an order of the trial court denying her petition for habeas corpus and changing legal custody from her to the appellee paternal grandmother.

The trial court found "that the best interest and welfare of the minor children will be served by denying the writ of habeas corpus.” This is not the proper standard to be used in a contest between a parent and a thiid party over the custody of a child. Higbee v. Tuck, 242 Ga. 376 (249 SE2d 62) (1978). "A parent may lose the right to custody only if one of the conditions specified…