Hendricks v. Hendricks
| Citation | 110 S.E.2d 659,215 Ga. 408 |
| Decision Date | 13 October 1959 |
| Docket Number | No. 20576,20576 |
| Parties | Benjamin Tillman HENDRICKS v. Barbara Jean HENDRICKS. |
| Court | Georgia Supreme Court |
Thomas M. Stubbs, Jr., Atlanta, for plaintiff in error.
George C. Mitchell, Atlanta, for defendant in error.
Syllabus Opinion by the Court.
On October 22, 1958, Mrs. Barbara Jean Hendricks filed a petition for divorce against Benjamin Tillman Hendricks, in DeKalb Superior Court. On November 24, 1958, the parties entered into an agreement, which was approved by the court, providing for the mother to have temporary custody and control of three minor children, the father to pay to the mother for her support and the support of said children $156.90 per month, plus $100 attorney fees, and for the personal property in possession of the mother to remain in her possession for her use and for use of the minor children, until further order of the court. The defendant filed an answer to the divorce proceeding on January 5, 1959. On April 15, 1959, the father filed a petition for change of temporary custody of the three minor children, which he amended on May 5, 1959. The amendment sought to have the mother 'undergo a complete physical and emotional examination' by a named doctor, under whose care she had been some four or five years previously. On May 21, 1959, the petition as amended for change of temporary custody was heard. The only evidence introduced was the deposition of the mother, which was taken on April 27, 1959, in which she testified: that she was not working; that she quit her job on the Friday before, because she was unable to work; that she was under the care of doctors at Fort McPherson; that she was suffering from a diabetic condition, and a recurrence of hepatitis, which she had the year before; that she is receiving treatment for both conditions from time to time; that she is taking daily injections of insulin and vitamins; and that, while she did not have a current written medical report of her condition, she could get one. She further testified in this deposition that she had been working from 3:45 p. m. until 12:15 a. m., during which time she made arrangements to leave the children with neighbors who were to care for them, and whom she paid; that one of the neighbors advised her that unless she secured a daytime job, the neighbor could not take care of the children any longer, since it was inconvenient for her to keep the children at night, but that she would be glad to take care of the children during the day; that, when she resigned her job, she gave as the reason that there was 'No one to care for the children and health reasons; that work is hard and I am not able to do it.' She was asked if she could explain 'how it is that you are too sick to work and yet you want to keep these children at this time?' to which she replied: 'Very easily, there are few people who can do two jobs and do them well, and that is to work and care for the children too, and it worked on me very much too, and I think the best thing I can do is to stay with the children...
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Graham v. Graham, 22118
...185 Ga. 502, 504(1), 195 S.E. 731; Kniepkamp v. Richards, 192 Ga. 509, 518, 16 S.E.2d 24, supra. 2. In the case of Hendricks v. Hendricks, 215 Ga. 408, 110 S.E.2d 659, this court reviewed an order of the nature discussed in the preceding syllabus, but no question appears to have been raised......
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...§ 24-104. Richmond & Danville Railroad Co. v. Childress, 82 Ga. 719, 9 S.E. 602, 3 L.R.A. 808, 14 Am.St.Rep. 189; Hendricks v. Hendricks, 215 Ga. 408, 410(1), 110 S.E.2d 659. Under certain circumstances the court may decide the sanctions provided by statute are too severe and apply less har......
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...the matter is left to the discretion of the trial judge.' Blackstock v. Blackstock, 208 Ga. 837(1), 69 S.E.2d 770; Hendricks v. Hendricks, 215 Ga. 408, 410, 110 S.E.2d 659. Judgment All the Justices concur. ...