Waller v. Waller

Head, Justice.

(After stating the foregoing facts.) 1. In every case where the custody of minor children is involved, our law requires that the court having jurisdiction shall exercise a discretion in awarding the custody. Code, §§ 30-127, 50-121, 74-106, 74-107.

This court has repeatedly held that in all cases involving the custody of minor children, the paramount issue is the welfare of the children. However, where the custody of minor children is awarded to one of the parties in a divorce case by the final decree, the judge may thereafter exercise a discretion as to the custody of the…