Dyche v. Dyche

Duckworth, Chief Justice.

1. In all cases between parents for custody of a minor child, the law imposes upon the trial judge the duty to exercise his sound discretion and let the welfare of the child control his award. Code Ann. § 74-107 (Ga. L. 1957, pp. 412, 413); Jordan v. Jordan, 195 Ga. 771 (1) (25 SE2d 500); Parr v. Parr, 196 Ga. 805 (27 SE2d 687); Waller v. Waller, 202 Ga. 535, 538 (1) (43 SE2d 535).

2. The evidence, showing the child to be a female, age 5 years, and, at most, merely conflicting testimony as to neglect of the child or misconduct on the part of the mother, authorized the…