Bignon v. Bignon, No. 15741.

No. 15741. | Ga. | Apr 17, 1947

The exception here is to a judgment awarding custody of a minor child to its mother. The father contends that the judgment is contrary to the evidence and an abuse of the discretion vested in the trial judge. Held:

Where the trial judge in awarding custody of a minor child as between divorced parents, as was the case here, exercises a sound legal discretion. his judgment in making an award will not be controlled by this court. Code, §§ 30-127, 74-107; McDowell v. Gould, 166 Ga. 670" court="Ga." date_filed="1928-07-10" href="https://app.midpage.ai/document/mcdowell-v-gould-5586972?utm_source=webapp" opinion_id="5586972">166 Ga. 670 (144 S.E. 206" court="Ga." date_filed="1928-07-10" href="https://app.midpage.ai/document/mcdowell-v-gould-5586972?utm_source=webapp" opinion_id="5586972">144 S.E. 206). While the evidence in the instant case respecting the fitness of the respective father and mother was in conflict, it can not be said as a matter of law that the trial judge abused the discretion vested in him.

Judgment affirmed. All the Justicesconcur.

No. 15741. APRIL 17, 1947.