Shields v. Bodenhamer, 10431.

• Decision Date: 18 January 1935
• Docket Number: No. 10431.,10431.
• Citation: 180 Ga. 122,178 S.E. 294
• Parties: SHIELDS. v. BODENHAMER.
• Court: Georgia Supreme Court

180 Ga. 122

178 S.E. 294

SHIELDS.

v.BODENHAMER.

No. 10431.

Supreme Court of Georgia.

Jan. 18, 1935.

Syllabus by the Court.

L A decree of divorce in which the custody of a child is awarded to the mother is conclusive as between the parties to such decree as to the right of the mother to the custody of the child, unless a change of circumstances affecting the welfare of the child is shown.

2. In the instant suit for the writ of habeas corpus, by a father against a mother, to recover the custody of a child awarded to the mother in a decree of divorce between her and the father, the petition failed to show such a change of conditions affecting the welfare of the child, whose custody had been awarded to the mother, as would authorize the opening or modification of that judgment. The court did not err in sustaining a general demurrer and in dismissing the petition.

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Petition by Lawrence Shields for a writ of habeas corpus against Mrs. Alice B. Boden-hamer. To review a judgment dismissing his petition on general demurrer, plaintiff brings error.

Affirmed.

Isaac S. Peebles, Jr., of Augusta, and W. R. Flournoy, of Columbus, for plaintiff in error.

Hammond, Kennedy & Kennedy and Leonard H. Boiler, all of Augusta, for defendant in error.

BELL, Justice.

I. Lawrence Shields brought a petition for the writ of habeas corpus against Mrs. Alice B. Bodenhamer, his former wife, seeking the custody of their minor child, Georgia Alice Shields, which had been awarded to her mother in a decree of divorce between the parties. The petition alleged that at the time of such decree the child was only three years of age, and that subsequently thereto the child had been almost continuously in the custody of her mother; that the petitioner and his former wife have each married again, and for the past several years the petitioner has had the custody of the child during a part of each summer, and, in addition to paying $10 per week as alimony, has conferred upon her many advantages, a continuation of which would benefit her in the future; "that it has been impossible for petitioner to get the consent of the said Mrs. Alice B. Bodenhamer to any reasonable, division of the custody of said child as to said child;. that in January, 1934, he received a letter from his former wife, stating in substance that she would guarantee him from five to six weeks visit from said child, and longer, if she could spare it; that she was contemplating a trip to Washington, but did not know whether it would be the first or last part of the summer, and he has been unable to get any definite understanding with his wife with reference to the custody of said child for any portion of the time." The plaintiff and his present wife maintain a home In Columbus, Ga., where they have resided for the past several years, and where the plaintiff is in charge of theaters of a named company. "Petitioner shows that he is desirous of having the custody of said minor child, Georgia Alice Shields, in order that his said child can have the advantage of petitioner's home and the companionshipof petitioner's other minor child by his said second marriage. Petitioner shows that if he is denied the right to have the...