Curry v. Little

In this child custody action, the maternal aunt appeals from a judgment denying her petition for habeas corpus brought against the children’s natural father. The natural parents were married but at the time of the natural mother’s death they were separated.

A person who has no legal right to the custody of a minor child has no standing to bring a habeas corpus action to obtain custody of such a child from a natural parent with parental rights. Spitz v. Holland, 243 Ga. 9 (1979). See Code Ann. §§ 24A-301 (a) (1) (c), 24A-301 (a) (2) (c), 24A-1602,24A-3201 (a). An aunt has no legal right to the…