Summary
In Everritt v. Everritt, 217 Ga. 425 (122 S.E.2d 920), it was held: "This being a contest between a mother and father over their minor child, and the evidence respecting the fitness of the parties being in conflict, the discretion of the trial judge in making an award will not be controlled by this court."
Summary of this case from Brown v. BrownOpinion
21431.
SUBMITTED OCTOBER 10, 1961.
DECIDED NOVEMBER 9, 1961.
Custody of child. Dougherty Superior Court. Before Judge Crow.
Durden Durden, for plaintiff in error.
H. G. Rawls, contra.
The exception here is to a judgment awarding custody of a minor child to its mother during nine months of each year. The father contends that the judgment is contrary to the law and the evidence. Held:
This being a contest between a mother and father over their minor child, and the evidence respecting the fitness of the parties being in conflict, the discretion of the trial judge in making an award will not be controlled by this court. Code Ann. § 30-127. Speer v. Speer, 217 Ga. 341 ( 122 S.E.2d 84); Bignon v. Bignon, 202 Ga. 141 ( 42 S.E.2d 426).
Judgment affirmed. All the Justices concur.