BOGE v. McCOLLUM

19448.

212 Ga. 741 (1956)

95 S.E.2d 665

BOGE v. McCOLLUM et al.

Supreme Court of Georgia.

Decided December 5, 1956.


Attorney(s) appearing for the Case

William O. Carter, Carey C. Carter, Jr., for plaintiff in error.

Johnson & Johnson, Marshall L. Allison, contra.


WYATT. P. J.

This is a contest between the divorced parents of the minor child in question, neither of whom has been awarded custody, and, as such, neither has a prima facie right to the custody of the child. Code § 74-107. In such case, the judge has a discretion as to which parent should have custody, and, in a proper case, may award custody to a third party. Code § 50-121. "The discretion to be exercised in such case is not an arbitrary and unlimited...

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