Lyon v. Lyon, 26142
| Decision Date | 05 November 1970 |
| Docket Number | No. 26142,26142 |
| Citation | 226 Ga. 879,178 S.E.2d 195 |
| Parties | Franklin Nathaniel LYON, Jr. v. Ann Girtman LYON. |
| Court | Georgia Supreme Court |
Mackay & Elliott, Thomas W. Elliott, Decatur, for appellant.
George H. Carley, Decatur, for appellee.
Syllabus Opinion by the Court
In this action brought by the father of a minor child against his former wife to obtain custody of the child, the applicant had the burden of showing that the former wife, to whom custody was originally awarded, is no longer able or suited to retain custody or that the conditions and circumstances surrounding the child have so changed that the welfare of the child would be enhanced by modifying the original judgment. Bowen v. Bowen, 223 Ga. 800(2), 158 S.E.2d 233; Beckman v. Beckman, 225 Ga. 693, 694, 171 S.E.2d 135. Beckman v. Beckman, supra, p. 695, 171 S.E.2d p. 136.
The evidence adduced at the hearing with regard to the former wife's fitness to retain custody was circumstantial and conflicting in many particulars and did not demand, though it may have authorized, a finding of unfitness. Additionally, there was evidence from which it could be found that the applicant was, by his own admission, in need of psychiatric treatment, that he had made threats on his former wife's life and, hence, that he was no more fit to have custody than she.
Therefore, the trial court did not err in its judgment refusing to modify the former judgment with respect to custody and visitation rights.
Judgment affirmed.
All the Justices concur.
To continue reading
Request your trial
-
Anderson v. State
...by a reviewing court if there is any evidence to support it.' West v. West, 228 Ga. 397, 398, 185 S.E.2d 763, 765. See also Lyon v. Lyon, 226 Ga. 879, 178 S.E.2d 195; Givens v. Gray, 126 Ga.App. 309, 310, 190 S.E.2d 607; Guardian of Ga. v. Granite Equipment Leasing Corp., 130 Ga.App. 514, 5......
-
Burnham v. Burnham
...to show affirmatively a change in circumstances that would free the case from the former adjudication."); see also Lyon v. Lyon , 226 Ga. 879, 178 S.E.2d 195 (1970) (burden is on party seeking change in custody); Mink v. Mink , 195 Ga. App. 760, 762 (3), 395 S.E.2d 237 (1990) (same) (physic......
-
Guardian of Georgia, Inc. v. Granite Equipment Leasing Corp.
...of an issue of fact the appellate courts will not interfere with his finding when there is any evidence to support it. Lyon v. Lyon, 226 Ga. 879, 178 S.E.2d 195. 2. The third enumeration of error is based on the following question and answer: 'Q. Mr. McGonigle, I show you a document marked ......
- Pitts v. State, 26136