Slate&& v. Coggins, 10746.

• Decision Date: 09 August 1935
• Docket Number: No. 10746.,10746.
• Citation: 181 S.E. 145,181 Ga. 17
• Parties: SLATE。。. v. COGGINS.
• Court: Georgia Supreme Court

181 Ga. 17

181 S.E. 145

SLATE。。.

v.COGGINS.

No. 10746.

Supreme Court of Georgia.

Aug. 9, 1935.

Syllabus by the Court.

A decree of divorce in a case in which the custody of a minor child is involved, awarding the child to one party or the other, is final, except where a change of circumstances is shown. Where such change is alleged, it is not error for the judge of the superior court to transfer the investigation thus called for to the juvenile court for investigation.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Petition by George W. Slate against Mamie Louise Coggins. To review an order entered on the petition, plaintiff brings error.

Affirmed.

Noah J. Stone and W. O. Slate, both of Atlanta, for plaintiff in error.

HUTCHESON, Justice.

In February, 1934, Mamie Louise Slate filed suit for divorce in Fulton superior court against George W. Slate, asking temporary and permanent alimony and custody of their minor child. The divorce was granted but parties entered into an agreement as to the custody of the child, and this agreement was, in August, 1934, made the judgment of the court. Thereafter, in November, 1934, George W. Slate filed his petition against his former wife (who had remarried), alleging misconduct on her part and praying for a modification of the former order as to custody of the child. Answer was made, containing numerous counter allegations, and the judge of Fulton superior court, on January 18, 1935, passed the following order: "Ga. Fulton County. All questions of custody of the minor child in this case is referred to the Juvenile Court of Fulton County with full authority to conduct whatever investigation that may be necessary and make such award as the court thinks proper. Jan. 18, 1935." And it is to this order that plaintiff excepts.

There are only two questions presented in the instant case: (1) Was the judgment of the court in the divorce cause final, so as to preclude matters therein relating to custody of the child, from being again investigated; and (2) was it error for the judge of the superior court to transfer the question of the custody of the minor child to the juvenile court of Fulton county.

1. In the case of Shields v. Boden-hamer, 180 Ga. 122, 178 S. E. 294, it was held that a decree of divorce in which the custody of a child is awarded to the mother is conclusive as between the parties to such decree as to the right of the mother to the custody of the child, unless a change of circumstances affecting...