Fortson v. Fortson

1. Where on grant of a divorce between parents the custody of their minor children was awarded to the mother, the fact that the decree as to custody was based upon an agreement did not deprive it of the usual attribute of conclusiveness. While in all such cases the paramount issue is welfare of the children, the doctrine of res adjudicata is nevertheless applicable; and when an award has been made, the judge may thereafter exercise a discretion as to the custody of the children only so far as there may be new and material conditions and circumstances substantially affecting their interest and…