253 S.E.2d 201 | Ga. | 1979
CURRY
v.
LITTLE.
Supreme Court of Georgia.
Lonzy F. Edwards, for appellant.
Robert H. Herndon, for appellee.
PER CURIAM.
In this child custody action, the maternal aunt appeals from a judgment denying her petition for habeas corpus brought against the children's natural father. The natural parents were married but at the time of the natural mother's death they were separated.
A person who has no legal right to the custody of a minor child has no standing to bring a habeas corpus *220 action to obtain custody of such a child from a natural parent with parental rights. Spitz v. Holland, 243 Ga. 9 (1979). See Code Ann. §§ 24A-301 (a) (1) (c), 24A-301 (a) (2) (c), 24A-1602, 24A-3201 (a). An aunt has no legal right to the custody of a minor child who has a living natural parent with parental rights. The trial court did not err in denying the aunt's petition for habeas corpus.
Judgment affirmed. All the Justices concur.
