Brown v. Newsome

1. On the death of the parent who holds custody of a child under a divorce decree, the prima facie right to the custody automatically inures to the surviving parent. Landrum v.Landrum, 159 Ga. 324 (125 S.E. 832. 38 A.L.R. 217);Girtman v. Girtman. 191 Ga. 173 (11 S.E.2d 782);Chapin v. Cummings, 191 Ga. 408 (12 S.E.2d 312).

2. Under the Code, § 74-108(3), the right to parental control and custody may be lost by the father by failure to provide necessaries for his child. However, in order to sustain a contention that the father has lost his right to custody by reason of failure to provide…