White v. Bryan, 223 S.E.2d 710 (Ga. 1976). · Go Syfert
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White v. Bryan, 223 S.E.2d 710 (Ga. 1976). Cases Citing This Book View Copy Cite
“a parent may lose the right to custody only if one of the conditions specified in is found to exist, or, in exceptional cases, if the parent is found to be unfit.”
57 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Prosper Ortega v. Leigh J. Temple, Jr. (gactapp, 2021-03-16)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (quoted) Prosper Ortega v. Leigh J. Temple, Jr. (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
a parent may lose the right to custody only if one of the conditions specified in is found to exist, or, in exceptional cases, if the parent is found to be unfit.
examined Cited as authority (rule) Blackburn v. Blackburn (4×)
Ga. · 1982 · confidence medium
Wright v. Hanson, supra; Miele v. Gregory, 248 Ga. 93 ( 281 SE2d 565 ) (1981); Gazaway v. Brackett, supra; White v. Bryan, 236 Ga. 349, 350 ( 223 SE2d 710 ) (1976).
discussed Cited as authority (rule) Wright v. Hanson
Ga. · 1981 · confidence medium
Land v. Wrobel, supra. “A parent may lose the right to custody only if one of the conditions specified in Code §§ 74-108, 74-109 and 74-110 is found to exist, or, in exceptional cases, if the parent is found to be unfit. * * * The unfitness of the parent should be shown by clear and convincing evidence that the circumstances of the case justify the court in acting for the best interest and welfare of the child. * * * ‘[I]f there is “reasonable evidence” in the record to support the decision made by the habeas corpus court. . . then the decision of the habeas corpus court must prevail…
cited Cited as authority (rule) Brant v. Bazemore
Ga. Ct. App. · 1981 · confidence medium
White v. Bryan, 236 Ga. 349, 350 ( 223 SE2d 710 ).
discussed Cited as authority (rule) Larson v. Gambrell
Ga. Ct. App. · 1981 · confidence medium
The trial judge erroneously concluded that the only question was the child’s “best interest” and that the question of appellant’s unfitness was irrelevant because “the contest is between the parents *195 of the child.” “A parent may lose the right to custody only if one of the conditions specified in Code §§ 74-108,74-109 and 74-110 is found to exist, or, in exceptional cases, if the parent is found to be unfit. [Cits.] The unfitness of the parent should be shown by clear and convincing evidence that the circumstances of the case justify the court in acting for the best interes…
discussed Cited as authority (rule) Stegall v. Stegall
Ga. · 1977 · confidence medium
Triplett v. Elder, 234 Ga. 243 ( 215 SE2d 247 ) (1975); Williams v. Ferrell, 231 Ga. 470 (1) ( 202 SE2d 427 ) (1973); Perkins v. Courson, 219 Ga. 611 ( 135 SE2d 388 ) (1964).” White v. Bryan, 236 Ga. 349, 350 ( 223 SE2d 710 ) (1976).
discussed Cited as authority (rule) Childs v. Childs
Ga. · 1976 · confidence medium
Code § 50-121; Heath v. Martin, 225 Ga. 181 (2) ( 167 SE2d 153 ) (1969); Shaddrix v. Womack, 231 Ga. 628 (6) ( 203 SE2d 225 ) (1974); Patman v. Patman, 231 Ga. 657 ( 203 SE2d 486 ) (1974).” White v. Bryan, 236 Ga. 349, 350 ( 223 SE2d 710 ) (1976).
examined Cited "see" Clark v. Wade (4×) also: Cited "see, e.g."
Ga. · 2001 · signal: see · confidence high
See White v. Bryan, 236 Ga. 349 ( 223 SE2d 710 ) (1976) (affirming award of custody of four-year-old daughter to stepfather after death of mother based on evidence that natural father was unfit).
discussed Cited "see" Wood v. McGee (2×)
Ga. · 1978 · signal: see · confidence high
See White v. Bryan, 236 Ga. 349 ( 223 SE2d 710 ) (1976) and cits.
discussed Cited "see" Cox v. Mills (2×)
Ga. · 1977 · signal: see · confidence high
See White v. Bryan, 236 Ga. 349 ( 223 SE2d 710 ) (1976); Childs v. Childs, 237 Ga. 177 ( 227 SE2d 49 ) (1976).
cited Cited "see" Scarborough v. Howell
Ga. · 1976 · signal: see · confidence high
See White v. Bryan, 236 Ga. 349 , for a restatement of the law applicable to cases involving the loss of custody by a natural parent.
discussed Cited "see, e.g." Lewis v. Lewis (2×)
Ga. Ct. App. · 1980 · signal: see also · confidence low
See also White v. Bryan, 236 Ga. 349 ( 223 SE2d 710 ) (1976).
White
v.
Bryan
30629.
Supreme Court of Georgia.
Feb 24, 1976.
223 S.E.2d 710
Reinhardt, Whitley & Sims, John S. Sims, Jr., for appellant., Cheryle T. Bryan, for appellee.
Undercofler, Gunter.
Cited by 28 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: Court of Appeals of Georgia (1)
Undercofler, Presiding Justice.

Wendell Willard White filed a habeas corpus complaint seeking to obtain the custody of his four-year-old daughter from her stepfather. The mother of the child is dead.

After hearing evidence the trial court found that the child had lived with her stepfather since November 3, 1973; that the father, the stepfather and maternal and paternal grandparents all expressed a willingness to accept custody of the child; that the father has over the past several years shown very little interest in said child;[*350] that he drinks alcoholic beverages excessively on occasions necessitating arrests and some minor convictions; that the father was abusive to law enforcement officers on one of the arrests for driving while intoxicated; that the lifestyle of the father is not conducive to a healthy environment for a young girl, that the father recently lived with a woman, not his legal spouse for approximately one year, and that he is unfit to rear said child, has made no plans for taking actual possession of her, and only has plans for some future time when he is "settled,” that the stepfather has a genuine love and affection for the child, is financially able to care for and rear her, is morally fit, and has made suitable arrangements for child care services while he is working.

The trial court awarded custody of the child to the stepfather. The appeal is from this judgment. Held:

A parent may lose the right to custody only if one of the conditions specified in Code §§ 74-108, 74-109 and 74-110 is found to exist, or, in exceptional cases, if the parent is found to be unfit. Triplett v. Elder, 234 Ga. 243 (215 SE2d 247) (1975); Williams v. Ferrell, 231 Ga. 470 (1) (202 SE2d 427) (1973); Perkins v. Courson, 219 Ga. 611 (135 SE2d 388) (1964).

The unfitness of the parent should be shown by clear and convincing evidence that the circumstances of the case justify the court in acting for the best interest and welfare of the child. Code § 50-121; Heath v. Martin, 225 Ga. 181 (2) (167 SE2d 153) (1969); Shaddrix v. Womack, 231 Ga. 628 (6) (203 SE2d 225) (1974); Patman v. Patman, 231 Ga. 657 (203 SE2d 486) (1974). Cases to the contrary such as Bond v. Norwood, 195 Ga. 383 (24 SE2d 289) (1943); Morris v. Grant, 196 Ga. 692 (27 SE2d 295) (1943); Woods v. Martin, 212 Ga. 405 (1) (93 SE2d 339) (1956); and Mills v. Mills, 218 Ga. 686 (130 SE2d 221) (1963) will not be followed.

"... [I]f there is 'reasonable evidence’ in the record to support the decision made by the habeas corpus court... then the decision of the habeas corpus court must prevail as a final judgment, and it will be affirmed on appeal.” Robinson v. Ashmore, 232 Ga. 498, 500 (207 SE2d 484) (1974).

Judgment affirmed.

All the Justices concur, except [*351] Gunter, J., who dissents. Argued January 13, 1976 Decided February 24, 1976. Reinhardt, Whitley & Sims, John S. Sims, Jr., for appellant. Cheryle T. Bryan, for appellee.