Chastain v. Smith

Jordan, Justice.

This is an appeal from an order of the trial court denying the appellant-father’s habeas corpus petition seeking custody of his minor child.

The minor child was removed from his mother’s custody in 1973 by the Fulton County Department of Family and Children Services and placed in the custody of the appellee-grandmother. Two years later the child was returned to the mother but continued to spend periods of time with the appellee. In March 1978, the mother was murdered. The appellee then filed a petition in the Juvenile Court of Clayton County seeking to terminate the father’s…