Baynes v. Cowart

Supreme Court of Georgia

Baynes v. Cowart

72 S.E.2d 716, 209 Ga. 376, 1952 Ga. LEXIS 500

CourtSupreme Court of Georgia

DecidedOctober 15, 1952

Docket17937

StatusPublished

Cited by8 cases

This text of 72 S.E.2d 716 (Baynes v. Cowart) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baynes v. Cowart, 72 S.E.2d 716, 209 Ga. 376, 1952 Ga. LEXIS 500 (Ga. 1952).

Pincite

Opinion

Almand, Justice.

Where the mother of a child, to whom custody has been awarded by a divorce decree, dies, the prima facie right of custody automatically inures to the father. Chapin v. Cummings, 191 Ga. 408, 412 (12 S. E. 2d, 312); Girtman v. Girtman, 191 Ga. 173, 181 (11 S. E. 2d, 782); Hill v. Rivers, 200 Ga. 354, 357 (37 S. E. 2d, 386); Raily v. Smith, 202 Ga. 185 (42 S. E. 2d, 491). In such circumstances the father’s right to custody can be lost only by one of the grounds provided under Code §§ 74-108, 74-109, or 74-110; and, unless so lost, 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 father and the maternal grandparents of the child, where there was no evidence that the father had lost parental control, it was error for the trial judge to award the custody of the child to the maternal grandparents.

Judgment reversed.

All the Justices concur, except Candler, J., who dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

Almand, Justice.

Where the mother of a child, to whom custody has been awarded by a divorce decree, dies, the prima facie right of custody automatically inures to the father. Chapin v. Cummings, 191 Ga. 408, 412 (12 S. E. 2d, 312); Girtman v. Girtman, 191 Ga. 173, 181 (11 S. E. 2d, 782); Hill v. Rivers, 200 Ga. 354, 357 (37 S. E. 2d, 386); Raily v. Smith, 202 Ga. 185 (42 S. E. 2d, 491). In such circumstances the father’s right to custody can be lost only by one of the grounds provided under Code §§ 74-108, 74-109, or 74-110; and, unless so lost, 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 father and the maternal grandparents of the child, where there was no evidence that the father had lost parental control, it was error for the trial judge to award the custody of the child to the maternal grandparents.

Judgment reversed.

All the Justices concur, except Candler, J., who dissents.

Cite This Page — Counsel Stack

Bluebook (online)

72 S.E.2d 716, 209 Ga. 376, 1952 Ga. LEXIS 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baynes-v-cowart-ga-1952.

Opinion

Related

Cite This Page — Counsel Stack