Roebuck v. Calhoun

Head, Justice.

(After stating the foregoing facts.) "While the judge, upon a hearing of a writ of habeas corpus for the detention of a child, is vested with a discretion in determining to whom its custody shall he given, such discretion should be governed by the rules of law, and be exercised in favor of the party having the legal right, unless the evidence shows that the interest and welfare of the child justify the judge in awarding its custody to •another.” Sloan v. Jones, 130 Ga. 836 (63 S. E. 21). In the present ease the moral fitness of the contending parties was not made an issue in the…