McNair v. McNair

Supreme Court of Georgia

McNair v. McNair

249 S.E.2d 572, 242 Ga. 105, 1978 Ga. LEXIS 1115

CourtSupreme Court of Georgia

DecidedSeptember 7, 1978

Docket33779

StatusPublished

This text of 249 S.E.2d 572 (McNair v. McNair) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McNair v. McNair, 249 S.E.2d 572, 242 Ga. 105, 1978 Ga. LEXIS 1115 (Ga. 1978).

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Opinion

Undercofler, Presiding Justice.

The mother appeals á change of her son’s custody to his father. When the parents were divorced in 1971, they had agreed that she would have custody of the child. The father filed his modification petition in 1976, and was awarded temporary custody by agreement of the parties. At the final hearing in March, 1978, the juvenile court, to which the case had been transferred by the superior court, granted the father’s modification petition giving him permanent custody. Although we agree that the past mental problems of the mother are insufficient grounds on which to base a present change of custody, see Campbell v. [106]*106Chapman, 238 Ga. 427 (233 SE2d 155) (1977), there is reasonable evidence in this case to support the finding that conditions have changed that have had a present effect on the child, which warrant the custody change. Shiver v. Shiver, 241 Ga. 130 (244 SE2d 241) (1978); Hawkins v. Hawkins, 240 Ga. 30 (239 SE2d 358) (1977); Robinson v. Ashmore, 232 Ga. 498 (207 SE2d 484) (1974).

Submitted June 30, 1978 Decided September, 7, 1978. Almand, Grice, Knight & Mills, O. Hale Almand, Jr., for appellant. Kice H. Stone, John W. Collier, for appellee.

Judgment affirmed.

All the. Justices concur.

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Undercofler, Presiding Justice.

The mother appeals á change of her son’s custody to his father. When the parents were divorced in 1971, they had agreed that she would have custody of the child. The father filed his modification petition in 1976, and was awarded temporary custody by agreement of the parties. At the final hearing in March, 1978, the juvenile court, to which the case had been transferred by the superior court, granted the father’s modification petition giving him permanent custody. Although we agree that the past mental problems of the mother are insufficient grounds on which to base a present change of custody, see Campbell v. [106]*106Chapman, 238 Ga. 427 (233 SE2d 155) (1977), there is reasonable evidence in this case to support the finding that conditions have changed that have had a present effect on the child, which warrant the custody change. Shiver v. Shiver, 241 Ga. 130 (244 SE2d 241) (1978); Hawkins v. Hawkins, 240 Ga. 30 (239 SE2d 358) (1977); Robinson v. Ashmore, 232 Ga. 498 (207 SE2d 484) (1974).

Submitted June 30, 1978 Decided September, 7, 1978. Almand, Grice, Knight & Mills, O. Hale Almand, Jr., for appellant. Kice H. Stone, John W. Collier, for appellee.

Judgment affirmed.

All the. Justices concur.

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Bluebook (online)

249 S.E.2d 572, 242 Ga. 105, 1978 Ga. LEXIS 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnair-v-mcnair-ga-1978.

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