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Skinner v. Skinner

Supreme Court of Georgia
Sep 25, 1948
51 S.E.2d 420 (Ga. 1948)

Opinion

16448.

SEPTEMBER 25, 1948.

Habeas corpus. Before Judge Hawkins. Forsyth Superior Court. September 25, 1948.

Sosebee Boling, for plaintiff.

J. P. Fowler, for defendants.


The mother of an illegitimate child is entitled to its custody and control (Code, § 74-203; Kilgore v. Tiller, 194 Ga. 527, 22 S.E.2d 150), which can be lost only by one of the grounds provided under Code §§ 74-108, 74-109, or 74-110; and unless so alienated, the discretion reposed in the trial judge under Code § 50-121 does not apply. ( Bond v. Norwood, 195 Ga. 383, 24 S.E.2d 289; Morris v. Grant, 196 Ga. 692, 27 S.E.2d 295). Accordingly, in a habeas corpus proceeding between the mother of an illegitimate child and the parents of the mother, where there was no evidence that the mother had lost parental control, it was error for the trial judge to award the custody of the child to the mother's parents.

Judgment reversed. All the Justices concur, except Head, J., who dissents, and Hawkins, J., disqualified.


Summaries of

Skinner v. Skinner

Supreme Court of Georgia
Sep 25, 1948
51 S.E.2d 420 (Ga. 1948)
Case details for

Skinner v. Skinner

Case Details

Full title:SKINNER v. SKINNER et al

Court:Supreme Court of Georgia

Date published: Sep 25, 1948

Citations

51 S.E.2d 420 (Ga. 1948)
204 Ga. 635

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