Elliott v. Elliott

• Docket Number: 10942.
• Decision Date: 16 December 1935
• Citation: 182 S.E. 845,181 Ga. 545
• Parties: ELLIOTT v. ELLIOTT.
• Court: Georgia Supreme Court

182 S.E. 845

181 Ga. 545

ELLIOTT v. ELLIOTT.

No. 10942.

Supreme Court of Georgia

December 16, 1935

Syllabus by Editorial Staff.

Full faith and credit clause did not preclude Georgia court from declaring Michigan decree dissolving marriage and awarding child to father void for lack of jurisdiction of child on habeas corpus by father to recover custody of child from mother living in Georgia (Const.U.S. art. 4, § 1).

Evidence that father left wife and child to obtain employment in Michigan and sent them only $12 for two years warranted finding that father had voluntarily relinquished parental authority, rendering child's domicile that of its mother and authorizing Georgia court to declare Michigan divorce decree awarding father custody of child void for lack of jurisdiction, although mother filed answer in divorce proceeding asking custody, and to determine case solely on basis of child's welfare (Code 1933, §§ 38-627, 79-404; Const.U.S. art. 4, § 1).

In habeas corpus proceeding between divorced parents for custody of minor child, evidence authorized finding that child's interest would be better promoted by awarding custody to mother.

Error from Superior Court, Paulding County; J. R. Hutcheson, Judge.

Habeas corpus proceeding by Harvey Elliott against Minnie L. Elliott to obtain the custody of the minor child of the parties, Jack Elliott. To review a judgment awarding the custody and control of the child to defendant, plaintiff brings error.

Affirmed.

Homer Watkins, of Rockmart, for plaintiff in error.

C. B McGarity, of Dallas, for defendant in error.

Syllabus OPINION.

RUSSELL Chief Justice.

1. On habeas corpus by a father to recover the custody of his minor child living with the mother in Georgia, predicated upon a decree of a Michigan court dissolving his marriage and awarding the child to him, the full faith and credit clause of the Federal Constitution (Const. U.S. art. 4 § 1) did not preclude the Georgia court from declaring the Michigan decree void for lack of jurisdiction of the child. Boyd v. Glass, 34 Ga. 253, 89 Am.Dec. 252; Milner v. Gatlin, 139 Ga. 109, 76 S.E. 860. See, also, Mobley v. Mobley, 9 Ga. 247.

2. A father's leaving his wife and minor child in Georgia to obtain employment for himself in Michigan, and his failing to provide for them, except sending them about $12 for about two years, held to authorize a finding that the father had voluntarily relinquished his...