Bennett v. Wood, No. 76552
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | SOGNIER; CARLEY |
| Citation | 188 Ga.App. 630,373 S.E.2d 645 |
| Docket Number | No. 76552 |
| Decision Date | 09 September 1988 |
| Parties | BENNETT v. WOOD. |
Page 645
v.
WOOD.
Rehearing Denied Oct. 3, 1988.
Certiorari Denied Nov. 9, 1988.
[188 Ga.App. 633] M. Theodore Solomon II, William J. Edgar, Alma, for appellant.
Lucian Wood, Jr., pro se.
[188 Ga.App. 630] SOGNIER, Judge.
Lucian Lincoln Wood, Jr., filed a motion pursuant to OCGA § 19-9-3(b) in the Superior Court of DeKalb County seeking modification of visitation rights with his minor son. Wood's former wife, Holly Wood Bennett, filed a response to Wood's motion raising various objections to jurisdiction and venue in DeKalb County as well as challenging the propriety of using the motion as a vehicle for modification. The trial court granted Wood's motion to modify certain aspects of the visitation rights, and we granted Bennett's application for discretionary appeal.
The record reveals that the parties were divorced in the Superior Court of Cobb County in 1983, and a final order regarding custody, visitation and child support was entered by that court in September [188 Ga.App. 631] 1984 and modified at the request of appellant in
Page 646
regard to certain aspects of visitation in November 1984. One year later, appellant filed an action in Cobb County for contempt of the order regarding child support and seeking a change in visitation. Appellee raised defenses of lack of jurisdiction and improper venue to the modification action based on his residence in DeKalb County, and that action was dismissed. Appellant refiled the petition seeking modification of visitation in DeKalb County, and that action resulted in an order entered May 2, 1986, modifying certain visitation provisions. No appeal from that order was taken.At the time the 1986 DeKalb County order was entered, appellant was living in Candler County. Subsequent to the entry of that order, appellant married a resident of Bacon County, and in December 1986 moved her residence to that county. On September 16, 1987, some fifteen months after the DeKalb County order had been entered, appellee filed his motion in DeKalb County which resulted in the order appealed here.
1. Appellant contends the trial court erred by entertaining this action because any action to modify visitation must be brought in Bacon County, her county of residence. We agree and reverse.
It is well established that the term "custody" includes visitation rights. OCGA § 19-9-22(1). OCGA § 19-9-23(a) provides that...
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Monticello, Ltd. v. City of Atlanta, No. A97A1714.
...wherever possible, so as to ascertain the legislative intendment and give effect thereto.' [Cit.]" Bennett v. [231 Ga. App. 384] Wood, 188 Ga.App. 630, 632(1), 373 S.E.2d 645 (1988). Indeed, "[i]t is a basic rule of construction that a statute or constitutional provision should be construed......
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City of Buchanan v. Pope, No. A96A0927
...and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.' [Cit.]" Bennett v. Wood, 188 Ga.App. 630, 632(1), 373 S.E.2d 645 (1988). Finally, "[i]t is a basic rule of construction that a statute or constitutional provision should be construed to......
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O'Brien v. Lewis, A19A0502
...order. ...(Emphasis supplied.)2 It is also "well established that the term ‘custody’ includes visitation rights." Bennett v. Wood , 188 Ga. App. 630, 631 (1), 373 S.E.2d 645 (1988) ; see also OCGA § 19-9-22 (1). We understand " ‘[t]he plain meaning of OCGA § 19-9-23 [to be] that an action .......
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Holmes v. Chatham Area Transit Authority, No. A98A1205.
...together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.'" Bennett v. Wood, 188 Ga.App. 630, 632(1), 373 S.E.2d 645 (1988). Finally, "[i]t is a basic rule of construction that a statute or constitutional provision should be construed......
-
Monticello, Ltd. v. City of Atlanta, No. A97A1714.
...wherever possible, so as to ascertain the legislative intendment and give effect thereto.' [Cit.]" Bennett v. [231 Ga. App. 384] Wood, 188 Ga.App. 630, 632(1), 373 S.E.2d 645 (1988). Indeed, "[i]t is a basic rule of construction that a statute or constitutional provision should be construed......
-
City of Buchanan v. Pope, No. A96A0927
...and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.' [Cit.]" Bennett v. Wood, 188 Ga.App. 630, 632(1), 373 S.E.2d 645 (1988). Finally, "[i]t is a basic rule of construction that a statute or constitutional provision should be construed to......
-
O'Brien v. Lewis, A19A0502
...order. ...(Emphasis supplied.)2 It is also "well established that the term ‘custody’ includes visitation rights." Bennett v. Wood , 188 Ga. App. 630, 631 (1), 373 S.E.2d 645 (1988) ; see also OCGA § 19-9-22 (1). We understand " ‘[t]he plain meaning of OCGA § 19-9-23 [to be] that an action .......
-
Holmes v. Chatham Area Transit Authority, No. A98A1205.
...together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.'" Bennett v. Wood, 188 Ga.App. 630, 632(1), 373 S.E.2d 645 (1988). Finally, "[i]t is a basic rule of construction that a statute or constitutional provision should be construed......