Daugherty v. Murphy
| Decision Date | 29 September 1969 |
| Docket Number | No. 25379,25379 |
| Parties | Maxine G. DAUGHERTY v. John Steaven MURPHY. |
| Court | Georgia Supreme Court |
Paul R. Koehler, Atlanta, for appellant.
Russell G. Turner, Sr., Atlanta, for appellee.
Syllabus Opinion by the Court
Maxine G. Daugherty brought an action against her former husband, Jack Steaven Murphy, seeking an increase in child support payments for the minor child of the parties. After hearing evidence pertinent to this issue, the trial judge entered an order increasing the amount of the payments for the support of the child, and also enlarging the visitation privileges of the father. The mother appealed from that part of the order changing the visitation privileges of the father.
1. The motion to dismiss the appeal on the ground that the enumeration of errors and brief of the appellant do not 'contain or set forth the brief of the evidence' is without merit.
2. An award of custody is conclusive between the parties as to the right of custody, unless a change of circumstances affecting the interest and welfare of the child is shown; and visitation privileges are a part of custody. Haynes v. Howell, 220 Ga. 659, 140 S.E.2d 897; Winburn v. Harrington, 223 Ga. 488, 156 S.E.2d 44; Hirsh v. Dobb, 224 Ga. 130, 134, 160 S.E.2d 386; Smith v. Smith, 225 Ga. 241(1), 167 S.E.2d 597.
3. Neither the pleadings nor the evidence showed any change of circumstances affecting the welfare of the child, and it was error for the judge to enlarge the visitation privileges of the father. It is ordered that the change in visitation privileges be deleted from the order, leaving the remainder of the order, from which no appeal was taken, in force.
Judgment reversed in part with direction.
All the Justices concur.
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Moore v. Moore-McKinney, A09A0262.
...531 (1994) ("visitation is an integral part of custody"); Nodvin v. Nodvin, 235 Ga. 708, 221 S.E.2d 404 (1975); Daugherty v. Murphy, 225 Ga. 588(2), 170 S.E.2d 428 (1969) ("visitation privileges are a part of custody").3 conclude that Moore's petition was therefore a "child custody case" fo......
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Ledford v. Bowers
...Gambrell v. Gambrell, 244 Ga. 178, 259 S.E.2d 439 (1979). Visitation privileges are, of course, part of custody. Daugherty v. Murphy, 225 Ga. 588(2), 170 S.E.2d 428 (1969) and Thus, the daughter here does not have any legal right to choose whether the father will be permitted to have additi......
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Grubbs v. Dowse, 26025
...in Oregon. Held: It is immaterial what nomenclature is placed on the pleadings by the husband since as was held in Daugherty v. Murphy, 225 Ga. 588, 170 S.E.2d 428: 'An award of custody is conclusive between the parties as to the right of custody, unless a change of circumstances affecting ......
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Haberman v. Bivens, 30411
...is meritorious. The court was not authorized to prejudge a change of conditions which would alter custody. Daugherty v. Murphy, 225 Ga. 588(2), 170 S.E.2d 428 (1969). Accordingly, that part of the final judgment complained of is surplusage and upon the return of the remittitur to the trial ......