Fortson v. Fortson, 58621
| Decision Date | 14 November 1979 |
| Docket Number | No. 58621,58621 |
| Citation | 262 S.E.2d 599,152 Ga.App. 326 |
| Parties | FORTSON v. FORTSON. |
| Court | Georgia Court of Appeals |
Lane Fitzpatrick, Danielsville, for appellant.
E. Phil Duderwicz, Athens, for appellee.
1. We accept jurisdiction of this petition for modification of divorce decree seeking change of custody on the basis of Munday v. Munday, 243 Ga. 863, 257 S.E.2d 282 (1979).
2. Motions to dismiss brought in the Superior Court of Clarke County on the ground that the proper forum for this suit would be Florida, were correctly overruled. Code § 74-504 provides: "(a) A court of this State which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: (1) This State . . . (B) had been the child's home State within six months before commencement of the proceeding and the child is absent from this State because of his removal . . . by a person claiming his custody . . . and a parent or person acting as parent continues to live in this State." The complainant, mother of the two infants involved, is a resident of Georgia, where the father (respondent) and the children were also domiciled at the time of the divorce decree on February 20, 1979, which decree placed custody in the father. He then moved with them to Lakeland, Florida, and this action for change of custody was brought within the six-month period, on April 24, 1979.
3. A motion to declare Georgia forum non conveniens under Code § 74-509 was also denied. Both litigants and the children were residents of Georgia until less than three months before this action was filed; the mother continues to be a resident of this state; the most long term and significant contacts of the children are in this state and both parties were before the court during this proceeding. It must be held that the decision to retain jurisdiction in Georgia under the Uniform Child Custody Jurisdiction Act (Code § 74-501 et seq.) was not clearly wrong, and it will therefore be affirmed. Carson v. Carson, 29 Or.App. 861, 565 P.2d 763 (1977).
4. It has been held that a parent to whom custody has been awarded will not be deprived of that custody merely because he or she has removed from the jurisdiction, as this is not in and of itself a sufficient change of condition to warrant a new decree. Moore v. Wiggins, 230 Ga. 51, 195 S.E.2d 404 (1973). It has also been held that where the trial court...
To continue reading
Request your trial
-
Craighead v. Davis
...of the proceeding..." Georgia was not the home state. Burton v. Bishop, 246 Ga. 153, 154, 269 S.E.2d 417; Fortson v. Fortson, 152 Ga.App. 326(3), 262 S.E.2d 599; Code Ann. § 74-503(e) (Ga.L.1978, pp. 258, The mother did not make a general appearance in this case but specifically objected to......
-
Brock v. District Court of Boulder County in 20th Judicial Dist., 80SA368
...Hilliard v. Atkinson, 230 Ga. 872, 199 S.E.2d 789 (1973); Bennett v. Clemens, 230 Ga. 317, 196 S.E.2d 842 (1973); Fortson v. Fortson, 152 Ga.App. 326, 262 S.E.2d 599 (1979); see Ga. Code Ann. § 74-107(b), (c) (1980 Supp.) and § 74-504 (1980 ...
-
Parke v. Fant, A02A1911.
...the statute). 9. See Mulle v. Yount, 211 Ga.App. 584, 585(1), 440 S.E.2d 210 (1993) (physical precedent only); Fortson v. Fortson, 152 Ga.App. 326, 327(3), 262 S.E.2d 599 (1979). 10. In re Ray, 248 Ga.App. 45, 46(1), 545 S.E.2d 617 (2001). 11. See id. ...
-
Hall v. Hall, 61548
... ... See in this regard Morris v. Mosley, 246 Ga. 749, 272 S.E.2d 705 (1980); Fortson v. Fortson, 152 Ga.App ... 326(3), 262 S.E.2d 599 (1979). The trial court also noted that the ... ...