Connor v. Rainwater

Candler, Justice.

(After stating the foregoing facts.) While the judge, on a hearing of the writ of habeas corpus for a child’s custody, is vested with discretion in determining to whom custody should be given, such discretion should be governed by rules of law and exercised in favor of the party having the legal right, unless the evidence shows that the child’s interest and welfare justify the award of the custody to another, where rivalry between parents as to their child’s custody is not involved. Code, §§ 50-121, 74-107; Butts v. Griffith, 189 Ga. 296 (5 S. E. 2d, 907), and cases cited.

In…