lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
HUBBARD v. FREE et al.
59412.
SOGNIER, Judge.
Custody of child. Hall Superior Court. Before Judge Kenyon.
Appellant by petition seeks to regain custody of his child, whose aunt and uncle were awarded permanent custody when appellant was earlier (April 11, 1979) divorced from his wife. The trial court confined the issue on appellant's petition to that of "change of condition" and refused to take into consideration that there had been no finding of appellant's unfitness in the earlier action, and no formal termination of his parental rights. After a hearing the court denied appellant's petition and confirmed appellees' custody. Appellant claims error in the court's ruling limiting the issue, and in its failure to award custody to appellant.
The judgment of April 11, 1979 was not appealed and is thus conclusive on all parties. At the time of this petition appellees had custody of the child and the only question to be determined is that of "change of condition." Higbee v. Tuck, 242 Ga. 376 (249 SE2d 62) (1978).
There being reasonable evidence in the record to support the court's finding of "no change of condition," the court's decision is affirmed. Robinson v. Ashmore, 232 Ga. 498, 500 (207 SE2d 484) (1974).
Howard T. Overby, James M. Walters, for appellees.
David A. Fox, for appellant.
ARGUED FEBRUARY 6, 1980 -- DECIDED MAY 5, 1980.
Friday May 22 00:43 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com