Ryback v. Cobb County Department of Family & Children Services

Deen, Presiding Judge.

It has been the rule from earliest times in this state that in contests for the custody of a minor child appellate courts will not, in the absence of an abuse of discretion on the part of the trial court, interfere in the award of custody. Payne v. Payne, 39 Ga. 174 (1869); Westmoreland v. Westmoreland, 243 Ga. 77 (252 SE2d 496); Brock v. Little, 241 Ga. 549 (246 SE2d 668). The same rule is applied to issues regarding visitation rights. Williamson v. Brazell, 236 Ga. 798 (225 SE2d 304); Edwards v. Edwards, 237 Ga. 779 (229 SE2d 632) (1976).

This tragic case involves the…