Templeman v. Earnest, A93A0744
| Decision Date | 02 July 1993 |
| Docket Number | No. A93A0744,A93A0744 |
| Citation | 434 S.E.2d 106,209 Ga.App. 557 |
| Parties | TEMPLEMAN v. EARNEST. |
| Court | Georgia Court of Appeals |
Cowen & Cowen, Linda S. Cowen, Jonesboro, for appellant.
Ferguson & Ferguson, Monroe Ferguson, Jonesboro, for appellee.
Samuel James Templeman appeals a superior court judgment changing the custody of his minor children. He contends that custody of the children was changed without a material change of circumstances affecting their welfare and that the change of custody is not in the best interest of the children.
The record shows that when Templeman and his ex-wife, Vanita Robin Earnest, were divorced in 1988, custody of the children was granted to Earnest. Then, in 1989, allegedly because the mother felt she could not properly care for the children, the court changed custody of the children to Templeman. While the parties agree that this change of custody was made with the agreement of the parties, they do not agree on the reason for the change.
Earnest again sought to change custody from Templeman to herself. She asserts that a change of custody was warranted because she could now take care of the children properly since she has recovered from illness, is employed, and has remarried. She also alleges that the children's circumstances had changed with Templeman because at the time he was granted custody he was not married, but since he was awarded custody he has lived with two women, one of whom he later married.
After conducting a hearing on the petition, the trial court made the following findings concerning a material change of conditions:
Based upon these findings, the court awarded the parties joint custody of the children and directed that every other year each party would have physical custody of the children. Upon Templeman's objection to this award, the court replied, ...
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Steed v. Deal, A96A1706
...custody determination, the standard is the same. See Nodvin v. Nodvin, 235 Ga. 708, 709, 221 S.E.2d 404 (1975); Templeman v. Earnest, 209 Ga.App. 557, 558, 434 S.E.2d 106 (1993). If anything, the conditions strongly indicate that sole custody should remain in the mother. The evidence descri......
- Whitley v. Ditta, A93A0661
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Durham v. Gipson, A03A0515.
...is controlling unless the parent selected is determined not to be a fit and proper person to have custody. 4. Templeman v. Earnest, 209 Ga.App. 557, 558, 434 S.E.2d 106 (1993). 5. Martin v. Greco, 225 Ga.App. 752, 753(1), 484 S.E.2d 789 (1997). 6. Id. 7. Gordy v. Gordy, 246 Ga.App. 802, 803......
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Kennedy v. Adams, s. A95A0312
...the last award there has been a material change of condition affecting the well being of the child. OCGA § 19-9-1; Templeman v. Earnest, 209 Ga.App. 557, 558, 434 S.E.2d 106. In the case sub judice, the trial court determined that the custody issue had been decided in the legitimation actio......
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Domestic Relations - Barry B. Mcgough
...pmbl. (1983). 76. 209 Ga. App. at 326, 433 S.E.2d at 413. 77. Id. 78. Id. 79. Id. 80. Id. at 327, 433 S.E.2d at 414. 81. Id. 82. Id. 83. 209 Ga. App. 557, 434 S.E.2d 106 (1993). 84. Id. at 557, 434 S.E.2d at 107. 85. Id. 86. Id. at 558, 434 S.E.2d at 107-08. 87. 209 Ga. App. at 558, 434 S.E......