There was no evidence that she had continued in this pattern of behavior since her marriage to Mr. Heath and the establishment of their home in East Point. Under these circumstances there was no evidence to authorize a finding of present unfitness. 3. The appellees rely in part upon the judgment of the Juvenile Court of Banks County, rendered on September 11, 1964, vesting them with temporary custody and control of Deborah. Assuming that this was such a judgment as would have been binding upon the plaintiff, it was not by its very terms a final judgment, and since the juvenile court did not expressly retain jurisdiction of the matter (see Pitts v. Pitts, 224 Ga. 11 ( 159 S.E.2d 287)), the judgment could in no way constitute a bar to the present proceeding. 4. It follows that the judge of the superior court erred in awarding custody to the defendants and in refusing to order that they deliver custody of Deborah Ann to the plaintiff.

The opinion in Tallant was rendered based upon law as it appeared in Code Ann. § 24-2409 (2) (Ga. L. 1951, pp. 291, 298-99; as amended, Ga. L. 1968, pp. 1013, 1022). See also Pitts v. Pitts, 224 Ga. 11 ( 159 S.E.2d 287) (1968); Burney v. Burney, 222 Ga. 790 (1) ( 152 S.E.2d 871) (1966). This appears to be the precursor to OCGA § 15-11-6 (b).