Goodloe v. Goodloe

Decision Date13 October 1955
Docket NumberNo. 19055,19055
Citation211 Ga. 894,89 S.E.2d 654
PartiesHelen Hylton GOODLOE v. John D. GOODLOE.
CourtGeorgia Supreme Court

Syllabus by the Court.

An award of custody in divorce proceedings, based upon an agreement of the parties providing that the trial court should retain jurisdiction of custody of the children, is a final judgment on the facts then existing, and further proceedings relating to such question, against the person awarded custody by the divorce court, must be brought in the county of such person's residence. The fact that the decree was based upon an agreement between the parties, providing that the court should retain jurisdiction by custody, does not deprive the judgment of its finality or conclusiveness.

On May 25, 1955, John D. Goodloe (the defendant in error) filed his petition in the Superior Court of Fulton County, Georgia, against Mrs. Helen Hylton Goodloe (plaintiff in error), alleging substantially the following: that on February 12, 1952, while divorce, alimony, and custody of children proceedings were pending in Fulton Superior Court, an agreement was entered into between the parties settling the question of alimony and custody of the three minor children, under which Peter H. Goodloe and Susan Davis Goodloe were awarded to the mother, and John D. Goodloe, Jr., to the father; that neither of the children should be removed from the State of Georgia, except for temporary trips, without the consent of Fulton Superior Court; and that said court should continue to have jurisdiction concerning said children and their custody during their minority, and further provided that the court should have continuing jurisdiction as to a revision of the amount of alimony to be paid by the husband; and that the agreement was made the judgment of Fulton Superior Court. The petition further alleged that both parties were residents of Fulton County, Georgia, at the time of the execution of the agreement and of the judgment of the court, and until September, 1954, when Mrs. Goodloe moved to St. Simons Island, Glynn County, Georgia; and that Susan Davis Goodloe is in her custody and lives with her in said county. The petition contains certain allegations as to change of conditions authorizing a change in the award of custody from the mother to the father. The petitioner prayed that the court, in the exercise of the power contained under said agreement, transfer the custody of the said child Susan Davis Goodloe from the mother (the defendant in the court below) to the father (the plaintiff in the court below), and that the award of alimony be reduced if custody of said child is transferred to the father.

To the plaintiff's petition the defendant filed a general demurrer on the ground that the petition shows upon its face that the Superior Court of Fulton County is without jurisdiction in the matter; and that, the defendant being a resident of Glynn County, Georgia, the superior Court of that county, and not the Superior Court of Fulton County, has jurisdiction.

The general demurrer was overruled and exceptions were brought to this court to the overruling of the said demurrer.

G. B. Cowart, Brunswick, for plaintiff in error.

James A. Branch, Thomas B. Branch, Jr., Atlanta, for defendant in error.

MOBLEY, Justice.

The sole question for determination is whether, under the allegations of the petition, the Superior Court of Fulton County has jurisdiction as to the custody of the child, Susan Davis Goodloe, and as to revision of the amount of alimony that the husband is required to pay.

'It is well settled in Georgia that the award of custody in divorce proceedings is conclusive between the parties, as to the right of custody, unless a change of circumstances affecting the interest and welfare of the children is shown. And a decree of divorce awarding custody of a minor child is a final judgment on the facts then existing. Thereafter proceedings relating to the custody of the minor child, against the person awarded custody by the divorce court, must be grought in the county of such person's residence. Danziger v. Shoob, 203 Ga. 623, 48 S.E.2d 92; Brinson v. Jenkins, 207 Ga. 218, 60 S.E.2d 440.' Gibbs v. North, 211 Ga. 231(2), 84 S.E.2d 833, 834.

It is contended in this case that--since the judgment awarding custody of the children was based upon an agreement between the parties, which provided that the trial court should retain jurisdiction as to custody of the minor children--the award of custody was not a final judgment, and the defendant in error relies upon the cases in which it has been held that the court entering a judgment awarding alimony, which is based upon an agreement of the parties, providing that the court retains jurisdiction for the purpose of modifying the award of alimony upon a sufficient showing, does retain jurisdiction of the case for that purpose. Hardy v. Pennington, 187 Ga. 523, 1 S.E.2d 667; Chandler v. Chandler, 204 Ga. 40, 48 S.E.2d 841; Breen v. Breen, 208 Ga. 767, 69 S.E.2d 572.

That ruling has not been extended to include judgments awarding custody of minor children based upon an agreement between the parties, providing that the court shall retain jurisdiction of the question of custody of the minor children. This court has many times held that an order awarding custody of a minor...

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21 cases
  • Camp v. Camp
    • United States
    • Georgia Supreme Court
    • March 11, 1957
    ...208 Ga. 403, 67 S.E.2d 109; Stout v. Pate, 209 Ga. 786, 75 S.E.2d 748; McAfee v. Martin, 211 Ga. 14, 83 S.E.2d 605; Goodloe v. Goodloe, 211 Ga. 894, 89 S.E.2d 654. 4. The children here being 6 and and 8 years old, respectively, the court did not abuse its discretion in refusing to allow the......
  • Perry v. Perry
    • United States
    • Georgia Supreme Court
    • October 9, 1956
    ... ... matter of custody, if the children and the person against whom the proceeding is brought remained within the jurisdiction of the court, Goodloe v. Goodloe, 211 ... Ga. 894, 89 S.E.2d 654, such jurisdiction would not continue because of the original action, and could not be invoked by a ... ...
  • Hackney v. Tench
    • United States
    • Georgia Supreme Court
    • November 10, 1960
    ...159 S.E. 237; Shields v. Bodenhamer, 180 Ga. 122, 178 S.E. 294), is a permanent award of the custody of the children (Goodloe v. Goodloe, 211 Ga. 894, 897, 89 S.E.2d 654, and citations; Young v. Pearce, 212 Ga. 722, 95 S.E.2d 671), and of such finality as to vest the legal right of custody ......
  • Griggers v. Bryant, 31999
    • United States
    • Georgia Supreme Court
    • June 20, 1977
    ...modification of a final judgment and decree of divorce must be brought in the county wherein the defendant resides. Goodloe v. Goodloe, 211 Ga. 894, 89 S.E.2d 654 (1955). At the trial it was conceded that the appellee-defendant resided in Pike County, and it is therefore the superior court ......
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