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Lawskills.com Georgia Caselaw
MATHIS v. NICHOLSON.
34987.
JORDAN, Justice.
Habeas corpus; custody of children. Whitfield superior Court. Before Judge Vining.
This an appeal by the mother of two minor children from an order of the trial court denying her petition for habeas corpus and changing legal custody from her to the appellee paternal grandmother.
The trial court in this case did not make a finding of unfitness of the appellant mother or that she had otherwise lost her parental rights under the above stated Code sections. Since the correct standard was not used, the judgment of the trial court will be vacated with direction that a new hearing be conducted on the permanent custody of the minor children. See Childs v. Childs, 237 Ga. 177 (227 SE2d 49) (1976).
McCamy, Minor, Phillips & Tuggle, Joseph T. Tuggle, Jr., for appellee.
F. Gregory Melton, for appellant.
SUBMITTED JUNE 8, 1979 -- DECIDED SEPTEMBER 5, 1979.
Friday May 22 02:46 EDT


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