47 S.E.2d 823 | Ga. Ct. App. | 1948
1. In all cases where the custody of minor children is involved the paramount consideration is the welfare and best interest of the children.
2. The law vests a broad discretion in this respect both in the superior court judge and in the judge of the juvenile court, and, unless it appears that such discretion has been manifestly abused, their action in awarding the custody of minor children will not be disturbed by the appellate court.
3. Under the facts and circumstances of this case, the order and judgment of the juvenile court was authorized, and the superior court judge did not err in dismissing the certiorari proceeding and in making the judgment of the juvenile court the judgment of the superior court.
On August 9, 1947, C. W. Hodges made application by petition to the judge of the Juvenile Court of Fulton County, requesting that court to exercise the rights and powers, as well as the other terms and conditions embodied in the above order of the judge of the superior court, so that the welfare, benefits, education and other privileges due the two minor children would be properly preserved. After a hearing on this application, on August 19, 1947, the judge of the juvenile court found that the mother, who then had possession of the children, was not a fit and proper person to have the custody of them, and ordered that they be taken into custody of the juvenile court for placement; and then ordered that they be temporarily committed to the Atlanta Child's Home until further arrangements could be made for their education and care.
Mrs. Josie (Mrs. M. J.) Hodges filed her petition in the Superior Court of Fulton County for a writ of certiorari, in which she excepted to the order and judgment of the judge of the juvenile court as being contrary to law and without evidence to support it.
After a hearing on the certiorari, on January 7, 1948, a judge of the Superior Court of Fulton County dismissed the certiorari proceeding and ordered that the judgment of the juvenile court regarding the custody of the two minor children be made the *88 judgment of the Fulton Superior Court. To this judgment Mrs. Josie Hodges excepts to this court.
1. In suits for divorce, the statute confers on the presiding judge a supervisory control, with respect to the custody of the minor children, and in the exercise of sound and wise discretion he may award their custody even to a stranger. Code §§ 30-127, 30-206; Zachry v. Zachry,
The judge of the superior court had turned these two children over to the juvenile court to be placed in such home or institution as would be for their best interest and welfare, and the juvenile court judge had an investigation made by a probation officer with respect to said children and as to the circumstances and fitness of their parents or either of them to have the custody of the children. On the application of the father, C. W. Hodges, a hearing regarding the custody of these children was had before W. W. Woolfolk, Judge of the Juvenile Court, both parents being represented and the mother being present at the hearing, and the court found that the mother was not a fit and proper person to have the custody of the children and ordered that they be placed temporarily in the Atlanta Child's home, until further arrangements could be made for their education and care. In all cases where the custody of a minor child is involved the paramount consideration is the welfare and best interest of the child. The law vests a broad discretion in this respect both in the superior court judge and in the judge of the juvenile court, and, unless it appears that such discretion has been manifestly abused, their action in awarding the custody of a minor child will not be disturbed by the appellate court. See, in this connection, Code §§ 74-106, 74-107; Shipps v. Shipps,
Judgment affirmed. Felton and Parker, JJ., concur. *90