Parker v. Parker

Decision Date04 January 1979
Docket NumberNo. 34162,34162
Citation251 S.E.2d 523,242 Ga. 781
PartiesPARKER v. PARKER.
CourtGeorgia Supreme Court

Lowery Parker, Jr., pro se.

J. Melvin England, Atlanta, for appellee.

MARSHALL, Justice.

This is an appeal from an order of the trial court denying the appellant father's motion made in conjunction with his contempt proceeding against his former wife, appellee for a modification of child visitation rights. Code Ann. § 30-127 (b) (Ga.L.1957, pp. 412, 413; 1962, pp. 713, 714; 1976, p. 1050; 1978, pp. 258, 272); Sampson v. Sampson, 240 Ga. 118, 239 S.E.2d 519 (1977).

The trial judge's statement, that he didn't think that the appellant had "carried the burden," does not necessarily indicate that he erroneously applied the decisional law prior to the 1976 amendment to Code Ann. § 30-127, supra. See Sampson v. Sampson, supra. Moreover, the evidence authorized his decision based on the existing circumstances, even if they had not changed. See Dorminy v. Dorminy, 242 Ga. 326, 249 S.E.2d 49 (1978).

Modification of child visitation rights is a matter of discretion with the trial court (Gazaway v. Brackett, 241 Ga. 127, 129, 244 S.E.2d 238 (1978) and cits.), and, under the circumstances present here, we find no abuse of discretion.

Judgment affirmed.

All the Justices concur.

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6 cases
  • Moore v. Moore-McKinney, A09A0262.
    • United States
    • Georgia Court of Appeals
    • 6 Mayo 2009
    ...not in school, to 8:00 p.m." "Modification of child visitation rights is a matter of discretion with the trial court." Parker v. Parker, 242 Ga. 781, 251 S.E.2d 523 (1979). Although Moore portrays himself as a victim of family violence and the trial court's ruling as failing to protect him,......
  • Tirado v. Shelnutt
    • United States
    • Georgia Court of Appeals
    • 22 Septiembre 1981
    ...trial court and may be based upon the existing circumstances even if they have not changed since the prior award. See Parker v. Parker, 242 Ga. 781, 251 S.E.2d 523 (1979). Accordingly, we find no error in the trial court's initial determination, on its own motion, to modify appellant's visi......
  • Prater v. Wheeler, 41618
    • United States
    • Georgia Supreme Court
    • 4 Diciembre 1984
    ...19-9-3(b). "Modification of child[-]visitation rights is a matter of discretion with the trial court ... [Cit.]" Parker v. Parker, 242 Ga. 781, 251 S.E.2d 523 (1979). "Visitation rights may now be modified on motion of either party or on motion of the trial judge in a contempt action. Samps......
  • Dellinger v. Dellinger, S04F1376.
    • United States
    • Georgia Supreme Court
    • 23 Noviembre 2004
    ...visitation rights. "Modification of child visitation rights is a matter of discretion with the trial court." Parker v. Parker, 242 Ga. 781, 781, 251 S.E.2d 523 (1979). In the exercise of its discretion, a trial court must look to the unique situation of each individual case. Scott, supra at......
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