BIGNON v. BIGNON

CANDLER, Justice.

The exception here is to a judgment awarding custody of a minor child to its mother. The father contends that the judgment is contrary to the evidence and an abuse of the discretion vested in the trial judge. Held:

Where the trial judge in awarding custody of a minor child as between divorced parents, as was the case here, exercises a sound legal discretion. his judgment in making an award will not be controlled by this court. Code, §§ 30-127, 74-107; McDowell v. Gould, 166 Ga. 670 ( 144 S.E. 206). While the evidence in the instant case respecting the fitness of the respective father and mother was in conflict, it can not be said as a matter of law that the trial judge abused the discretion vested in him.

Judgment affirmed. All the Justices concur.