Hardy v. Hardee

Supreme Court of Georgia

Hardy v. Hardee

170 S.E.2d 417, 225 Ga. 585, 1969 Ga. LEXIS 573

CourtSupreme Court of Georgia

DecidedSeptember 29, 1969

Docket25363

StatusPublished

Cited by5 cases

This text of 170 S.E.2d 417 (Hardy v. Hardee) 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

Hardy v. Hardee, 170 S.E.2d 417, 225 Ga. 585, 1969 Ga. LEXIS 573 (Ga. 1969).

Pincite

Opinion

Nichols, Justice.

1. Where the trial court awards a 14-year-old child to the parent selected by such child as the parent with whom he desires to live, it is tantamount to a finding that such parent is fit, just as a denial of such child’s request must be construed as a finding that such parent is unfit. Compare Pritchett v. Pritchett, 219 Ga. 635, 636 (135 SE2d 417); Burney v. Burney, 222 Ga. 790 (152 SE2d 871).

2. Unless the evidence demands a finding contrary to the trial court’s judgment that a parent is “fit” or “unfit,” the judgment of the trial court on such issue is conclusive and will not be disturbed on appeal.

3. Where, as in the present case, the trial court awarded custody of the 14-year-old to the parent with whom he expressed a desire to live and the evidence does not demand a finding that such parent is unfit, the judgment of the trial court must be affirmed. See Ga. L. 1962, p. 713 (Code Ann. §§ 30-127, 74-107); Froug v. Harper, 220 Ga. 582 (140 SE2d 844).

Judgment affirmed.

All the Justices concur.

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