Franklin v. Carswell

Cobb, J. The father is entitled to the custody of his child during minority, unless such right has been relinquished or forfeited; and when in a habeas corpus proceeding involving such custody the evidence was conflicting as to whether the father had relinquished his parental right in favor of the grandmother, the discretion of the trial judge in awarding the child to the custody of the father will not be controlled. Judgment affirmed. All the Justices concurring.