Grubbs v. Dowse

177 S.E.2d 237, 226 Ga. 763, 1970 Ga. LEXIS 674

• Court: Supreme Court of Georgia
• Decided: October 8, 1970
• Docket: 26025
• Status: Published

Opinions

Nichols, Justice.

Pike E. Grubbs and Betty R. Grubbs were divorced in 1961. The divorce decree granted the wife, now Betty R. Grubbs Dowse, custody of the couple’s daughter “with the right of the [husband] to visit his minor daughter at reasonable and convenient times.” The wife still resides in Lowndes County, Ga., while the husband, an officer in the United States Air Force, is now stationed in Oregon.

The present petition was filed by the husband and seeks .to have the child visit him two months during each summer in Oregon. Held:

It is immaterial what nomenclature is placed on the pleadings by the husband since as was held in Daugherty v. Murphy, 225 Ga. 588 (2) (170 SE2d 428): “An award of custody is conclusive between the parties as to the right of custody, unless a change of circumstances affecting the interest and welfare of the child is shown, and visitation privileges are a part of custody. Haynes v. Howell, 220 Ga. 659 (140 SE2d 897); Winburn v. Harrington, 223 Ga. 488 (156 SE2d 44); Hirsh v. Dobb, 224 Ga. 130, 134 (160 SE2d 386); Smith v. Smith, 225 Ga. 241 (1) (167 SE2d 597).”

While the marital status of each parent has changed since the divorce decree was rendered, the husband’s residence has changed so that he now resides some 3,500 miles from the child, and the child is nine years older, yet none of these changes is a change of circumstances affecting the welfare of the child which would demand, if indeed it would authorize, a change in the custody of the child. The trial court did not err in refusing the relief sought by the husband.

Judgment affirmed.

All the Justices concur. Felton, J., concurs specially. Ed O. Barham, for appellant. Coleman, Blackburn, Kitchens •& Bright, J. Converse Bright, for appellee.