Handley v. Handley

Citation48 S.E.2d 827,204 Ga. 57
Decision Date15 July 1948
Docket Number16276.
PartiesHANDLEY v. HANDLEY.
CourtSupreme Court of Georgia

Syllabus by the Court.

1. A judgment in a habeas corpus proceeding instituted by parents to secure the custody of their minor children is conclusive upon them unless a material change of circumstances affecting the welfare of the children is made to appear. In the instant suit by a father against a mother for the writ of habeas corpus to obtain the custody of minor children awarded to him by a previous judgment in a habeas corpus proceeding between him and the mother, the judge was authorized to find that the evidence produced upon the hearing showed such a material change of circumstances substantially affecting the welfare and best interest of the children as would render the first judgment inconclusive on the parties.

(a) The evidence authorized the judge, in the exercise of a sound discretion, to award the custody of the children to the mother.

E F. Strozier, of Cordele, and McDonald & McDonald, of Fitzgerald, for plaintiff in error.

J W. Dennard, of Cordele, for defendant in error.

CANDLER Justice.

The exception here is to a judgment of the Superior Court of Wilcox County, awarding the custody of two minor children to the mother. It is contended by the father that the judgment was contrary to the law and the evidence because the children named in his petition for the writ of habeas corpus had been previously awarded to him by a judgment of the Superior Court of Glynn County, rendered March 25, 1945 based on a habeas corpus proceeding against the mother, and that such judgment was res adjudicata on the question of custody since the evidence introduced at the present hearing failed to show such a change in condition of the parties as would authorize the subsequent change of custody. The first habeas corpus proceeding was instituted by the father a few days after the mother's action for divorce was dismissed. Prior thereto the parties had lived in a state of separation for approximately 18 months. A few days after judgment was rendered in the habeas corpus proceeding the parties resumed marital relations. They then resided in several different cities before moving to Thomaston, Georgia, in May, 1946. There they lived in a trailer camp and worked at a cotton mill. The father's hours at the mill were from four o'clock p. m. until midnight, and the mother's from midnight until eight o'clock a. m. They lived and worked under these conditions until September, 1946, when the mother took the two children to the home of her mother in Wilcox County, Georgia. She testified that her husband was quarreling and told her to leave. The father testified that she left while he was asleep and that he did not know where she was until he later received a wire from her; that his letters were unanwered, and he went to see his family on Christmas Eve, 1946, and while there his wife attempted to have him indicted for kidnapping, and did swear out a warrant for abandonment. By agreement of the parties the husband then began to pay $30 every two weeks for the support of the children, and continued the payments until August, 1947. The abandonment charge was renewed and all back payments were then made up, and a nolle prosequi was entered on the indictment. A third child was born in April, 1947, for whom no extra allowance has been made by the father. The mother testified that she and the children are now living with her mother on a farm, and that the oldest child attends school regularly; that the children are in good health and 'getting on good.'

In a habeas corpus...

To continue reading

Request your trial
25 cases
  • Scott v. Scott, S02A1909.
    • United States
    • Supreme Court of Georgia
    • March 27, 2003
    ...the custodial parent: any new and material change in circumstances that affects the child must also be considered. Handley v. Handley, 204 Ga. 57, 59, 48 S.E.2d 827 (1948). The law thus recognizes that because children are not immutable objects but living beings who mature and develop in un......
  • Barnes v. Tant, 21261
    • United States
    • Supreme Court of Georgia
    • July 6, 1961
    ...is not an effort to modify the original decree.' Stephens v. Sudderth, 216 Ga. 222, 223, 115 S.E.2d 519, 520. See also Handley v. Handley, 204 Ga. 57, 48 S.E.2d 827. The best interest and welfare of the children is accorded paramount importance. Woodland v. Woodland, 153 Ga. 202, 111 S.E. 6......
  • Perry v. Perry
    • United States
    • Supreme Court of Georgia
    • October 9, 1956
    ...unless a material change of circumstances substantially affecting the welfare and best interest of the child is shown. Handley v. Handley, 204 Ga. 57, 48 S.E.2d 827; Madison v. Montgomery, 206 Ga. 199, 56 S.E.2d 292; Gibbs v. North, 211 Ga. 231, 84 S.E.2d 833. But where there has been a mat......
  • Johnson v. Johnson
    • United States
    • Supreme Court of Georgia
    • September 12, 1955
    ...of any court involving the custody of minor children. Jordan v. Jordan, 195 Ga. 771, 25 S.E.2d 500, and cases cited; Handley v. Handley, 204 Ga. 57, 48 S.E.2d 827. What is here said is not intended as an inference that the trial judge erred in hearing further testimony on April 25. This cou......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT