Walker v. Steele, 17027
| Decision Date | 15 March 1950 |
| Docket Number | No. 17027,17027 |
| Citation | 206 Ga. 674,58 S.E.2d 421 |
| Parties | WALKER v. STEELE. |
| Court | Georgia Supreme Court |
Barrett & Hayes, Atlanta, for plaintiff in error.
Swift Tyler, Atlanta, Marvin O'Neal, Jr., Atlanta, for defendant in error.
Josephine Steele filed in Fulton Superior Court a petition for habeas corpus, seeking the custody of her minor child, Lawrence G. Walker, Jr., then alleged to be in the custody of Wade Walker, an uncle of the child. The defendant answered, alleging that the custody of the child was awarded to Mrs. Frank G. Azar, the sister of the defendant, on May 28, 1943, by the Juvenile Court of Fulton County, and that the child 'visits in his home and attends Sacred Heart School with his two daughters.' The trial court awarded custody of the child to the mother, Mrs. Josephine Steele. The exception is to that judgment. Held:
1. The defendant in the court below had the actual physical custody of the minor child involved at the time the habeas corpus petition was filed and served. This was sufficient to give to the trial court jurisdiction to inquire into the question of the custody of the child. See Drake v. Drake, 187 Ga. 423, 427, 1 S.E.2d 573.
2. The trial court was authorized to find that, at the time of the judgment awarding custody of the child here involved to Mrs. Azar in 1943, she was married, lived with her husband, who was able to support the child; and that, so long as she lived with her husband, she carried the child to school, and was in position to give the child her personal attention; but that, at the time the judgment in the instant case was rendered, she was divorced from her husband and worked away from her home, and was, therefore, unable to give the child her personal attention, and had placed the child in the home of her brother so that he could attend school with the children of her brother. The trial court was also authorized to find that, at the time the judgment in 1943 was rendered, the mother, Mrs. Josephine Steele, was divorced from her husband, was unable to support the child, worked away from home, and was unable to give the child her personal attention; but that, when the judgment in the instant case was rendered, she had remarried, and is now able to support the child, live in the home with the child, and give him her personal attention; that the plaintiff in error, since the separation of Mrs. Azar from her husband about two years ago, has had custody of the child most of the...
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Wilson v. Wilson
...factor may authorize a change in custody in some situations (e. g., Wilt v. Wilt, 229 Ga. 658, 193 S.E.2d 833 (1972); Walker v. Steele, 206 Ga. 674, 58 S.E.2d 421 (1950)), in the present case it appears that the relinquishment was temporary, during a period of time in which the mother was r......
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Duncan v. Thomas, 17697
...proceeding was filed and served, was necessary to give the court jurisdiction to inquire into the question of custody. Walker v. Steele, 206 Ga. 674(1), 58 S.E.2d 421. See also Crowell v. Crowell, 190 Ga. 501, 9 S.E.2d 628, and Fielder v. Sadler, 193 Ga. 268, 18 S.E.2d 486. In the Crowell c......
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Gibson v. Wood, 18086
...Held: 1. While a habeas corpus proceeding will lie against persons having the actual physical custody of a minor child, Walker v. Steele, 206 Ga. 674, 58 S.E.2d 421, the evidence here does not show custody to be in the defendants, but, on the contrary, discloses the legal and physical custo......
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Dutton v. Freeman, 19740
...contemplation whoever has legal custody and control of the child also has possession of it. Crowell v. Crowell, supra. In Walker v. Steele, 206 Ga. 674, 58 S.E.2d 421, this court held that actual physical custody of the child was sufficient to give the court jurisdiction to inquire into the......