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Legal Opinion

Derby v. Kim

Supreme Court of Georgia

Decided February 8, 1977No. 31876PublishedCited by 6 opinions

1Opinion of the Court

Undercofler, Presiding Justice.

Doyle Freas Derby, Jr. is a soldier stationed at Fort Hood in Texas and is the father of three-year-old Tammy. Tammy’s parents were divorced in 1973 and custody was given to her mother, who has died. The child has been living with her maternal grandmother and the father brought this habeas corpus petition for her custody. On December 30, 1975, the trial court denied relief to the father, and awarded permanent custody to the grandmother. The father appeals and we reverse.

It is clear that when a parent having custody dies, legal custody reverts to the other parent…

2Cases cited6 opinions

  1. Boone v. LightnerSupreme Court of the United States · 1943
  2. Gates v. GatesSupreme Court of Georgia · 1943
  3. Howell v. GossettSupreme Court of Georgia · 1975
  4. Lankford v. MilhollinSupreme Court of Georgia · 1944
  5. Campbell v. ChapmanSupreme Court of Georgia · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Porter v. JohnsonSupreme Court of Georgia · 1978
  2. Ex Parte Oehler v. ClintonSupreme Court of South Carolina · 1984
  3. Spires v. LanceCourt of Appeals of Georgia · 1983
  4. Ex Parte Oehler v. ClintonSupreme Court of South Carolina · 1984
  5. Porter v. JohnsonSupreme Court of Georgia · 1978

1 more not listed; retrieve them via the Exa API.

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