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Habeas corpus; custody of child. Fulton Superior Court. Before Judge Whitman.
ALMAND, Justice.
In an independent suit to change the custody of a 15 year old child, the court did not abuse its discretion in refusing to change the custody from the mother to the father.
The judgment under review is one refusing to change the custody of a minor.
The pleadings disclose that Mrs. Jewell C. Pritchett was granted a divorce from James R. Pritchett on November 7, 1952, and the custody of their minor child, Gina Pritchett, then 4 years old was awarded to the mother. In August 1963 the father filed an independent suit against the mother and prayed that he be awarded custody of the daughter. He alleged that by reason of her personal misconduct and mistreatment of the daughter the mother was not a fit and proper person to have her custody. He further alleged that the daughter, now 15 years of age, had exercised her right to live with her father under the provision of Code 30-127 as amended by the Act of 1962 (Ga. L. 1962, pp. 713, 714).
On a hearing of the case there was evidence as to the conduct of the father and mother and the treatment of the child by the mother. The father has remarried and the mother resides in the home with her mother. The evidence did not demand a finding by the trial judge that it was to the best interest and welfare of the daughter that her custody be changed.
The order refusing to change the custody of the child is not erroneous.
Judgment affirmed. All the Justices concur.
Ellis B. Barrett, contra.
Robert L. Mitchell, for plaintiff in error.
Friday May 22 21:50 EDT

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