Durden v. Barron

Smith, Justice.

The Court of Appeals has. certified the following questions to this court: “1. Where custody of a child has been awarded to one other than its natural parent by a court order which has become final, in a subsequent custody contest between the third party and the parent, is the parent entitled to custody unless it is shown by clear and convincing evidence that such parent is unfit or otherwise not entitled to custody under the law? See Carvalho v. Lewis, 247 Ga. 94 [(274 SE2d 471)]; Wigley v. Bryant, 247 Ga. 487 (277 SE2d 246).

“2. If the first question is answered in the…