27 S.E.2d 329 | Ga. | 1943
1. In this contest for the custody of a girl of four years, on a habeas-corpus petition by the father against the parents of the deceased mother, and involving an alleged "gift" by the father to such grandparents and the comparative fitness of the parties to have the custody, the legal questions are controlled by the recent rulings in Bond v. Norwood,
2. The controlling issue at the hearing being whether the petitioning father had made a "gift" of the child to the respondent grandparents, and there being abundant evidence that the father had made to the grandparents an absolute relinquishment of his right of custody, that *652 they had accepted such "gift," and that they were suitable and proper persons, notwithstanding evidence for the petitioner to the contrary on all of these questions, the discretion of the judge in awarding the child to the respondents will not be disturbed.
Judgment affirmed. All the Justicesconcur.