48 S.E.2d 827 | Ga. | 1948
1. A judgment in a habeas corpus proceeding instituted by parents to secure the custody of their minor children is conclusive upon them unless a material change of circumstances affecting the welfare of the children is made to appear. In the instant suit by a father against a mother for the writ of habeas corpus to obtain the custody of minor children awarded to him by a previous judgment in such a proceeding between him and the mother, the judge was authorized to find that the evidence produced upon the hearing showed such a material change of circumstances substantially affecting the welfare and best interest of the children as would render the first judgment inconclusive on the parties.
(a) The evidence authorized the judge, in the exercise of a sound discretion, to award the custody of the children to the mother.
In a habeas corpus proceeding involving a contest between parents over the custody of minor children, the paramount issue is the welfare and best interest of the children, and an award *59
made by the judge, based upon the evidence and in the exercise of a sound discretion, will not be controlled by this court. Code, §§ 50-121, 74-106, 74-107; Lamar v. Harris,
In the present case, the evidence was amply sufficient to show such a material change in circumstances substantially affecting the welfare and best interest of the minor children as would render the judgment awarding the custody of the children to the father in the initial habeas corpus proceeding inconclusive on the parties, and the judge did not abuse his discretion in awarding custody of the children to the mother. *60 Judgment affirmed. Jenkins, Chief Justice, Duckworth,Presiding Justice, Atkinson, Wyatt, and Head, Justices, and JudgeA. M. Anderson, concur.