150 Ga. 191 | Ga. | 1920
“ In all cases where the custody of any minor child or children is involved between the parents, there sball be no prima facie right to the custody of such child or children in the father, but the court hearing such issue of custody may exercise its sound discretion, taking into consideration all the circumstances of the case, as to whose custody such child or children shall be awarded, the duty of the court being in all such cases in exercising such discretion to look to and determine solely what is for the best interest of the child or children, and what will best promote their welfare and happiness, and make award accordingly.” Tippins v. Tippins, 147 Ga. 616 (95 S. E. 113); Civil Code, § 3022 (a) (Acts 1913, p. 110).
2. Under the pleadings and evidence in this habeas-corpus proceeding, it does not appear that the judge of the superior court erred in affirming, on certiorari, the judgment of the ordinary* in awarding the custody of the children to their mother.
Judgment affirmed.