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Lawskills.com Georgia Caselaw
KLEBOLD v. KLEBOLD, alias VENTURIS.
18272.
HEAD, Justice.
Habeas corpus. Before Judge Guess. DeKalb Superior Court.
1. "In a contest between the father and mother over the custody of a minor child in a habeas corpus proceeding the welfare of the child is of paramount consideration, and an award made by the judge based upon the evidence and in the exercise of a sound discretion will not be set aside." Attaway v. Attaway, 194 Ga. 448 (22 S. E. 2d 50); Pruitt v. Butterfield, 189 Ga. 593 (6 S. E. 2d 786); Willingham v. Willingham, 192 Ga. 405 (15 S. E. 2d 514).
2. Under the evidence in this case, both parents had been delinquent in performing their legal and moral obligations to their minor child. The judgment of the trial judge, finding that it is to the best interest of the child to remain with her mother, was not without evidence to support it.
In the present case the father of a minor child brought habeas corpus proceedings to obtain the custody of the child from the mother, who had been awarded custody in a divorce action between the parents. The father alleged that the mother had become unfit to have the care of the child since the date of the divorce decree.
Guy Tyler, contra.
W. Harvey Armistead, for plaintiff in error.
SUBMITTED JULY 14, 1953 -- DECIDED SEPTEMBER 14, 1953.
Monday October 6 12:42 CDT


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