Tarver v. Jordan

171 S.E.2d 514, 225 Ga. 749, 1969 Ga. LEXIS 638

• Court: Supreme Court of Georgia
• Decided: November 6, 1969
• Docket: 25361
• Status: Published

Opinions

Frankum, Justice.

In August, 1956, Juanita Mashburn (now Tarver), having the exclusive custody and control of her daughter who was then three months of age, delivered her to John L. Jordan and his wife, Patricia C. Jordan, residents of Chatham County, Georgia, because appellant was unable to support the child. On January 19, 1960, having had the custody of the child ever since her custody was transferred to them, the Jordans together with the child moved from Chatham County to and became residents of Barnstable County, State of Massachusetts. On September 22, 1961, they filed their petition to adopt the child in the Probate Court of the County of Barnstable, which court had jurisdiction of the subject matter. The mother of the child was notified of the proceeding in the Massachusetts court by substituted service. Following such service she transmitted to the Massachusetts court her “objections” and defense in the matter and thereafter she obtained one continuance of the case, but when the matter came on for trial she did not appear in person or by counsel and the Massachusetts court rendered a judgment, regular upon its face, allowing the adoption prayed for. The Jordans moved from Massachusetts in February of 1965 to Charleston, South Carolina, and thereafter returned to Chatham County. Thereafter the child, without the consent of her adoptive parents, went to live with her natural mother, who refused to surrender her to the Jordans, whereupon, they instituted their habeas corpus proceeding against the natural mother Mrs. Tarver, to recover the possession of the child. Mrs. Tarver filed defensive pleadings in which she sought to raise only issues she could have asserted in the Massachusetts court in the adoption proceeding. After hearing testimony and receiving in evidence properly authenticated copies of the judgment and record on file in the office of the registrar of the Massachusetts court in the adoption proceeding, the trial court rendered judgment in favor of the plaintiffs in the habeas corpus proceeding and ordered the defendant to return the child to them. Held:

“No matter what may be the form or manner of service on a nonresident defendant, if he voluntarily enters an appearance in the action, the court acquires complete jurisdiction of him, so that a judgment based thereon must be accounted valid and binding in all other states.” 50 CJS 509, Judgments, § 893 e (5). “A judgment of a sister state, authenticated according to the Act of Congress, is conclusive on the defendant as to all questions that he could have been heard on in the court when and before the judgment was rendered.” Sharman v. Morton, 31 Ga. 34 (2). When, as in this case, the defendant entered an appearance by filing defensive pleadings and was afforded an opportunity to be heard, she had her day in court (Black’s Law Diet., p. 474) and she cannot now be heard to raise issues which she could have raised before the Massachusetts court. “A judgment declaring the adoption of a child, rendered by a court of competent jurisdiction in another State, regular on its face, is conclusive of the status at the time of its rendition, and will be accorded full faith and credit when introduced in a habeas corpus proceeding in this State for the custody of the child.” Spann v. Edwards, 139 Ga. 715 (2) (77 SE 1128). It follows that the trial court did not err in ordering the defendant to return said child to the plaintiffs.

Submitted September 8, 1969 Decided November 6, 1969 Rehearing denied December 4, 1969. John R. Calhoun, for appellant. Robert J. Duffy, for. appellee.

Judgment affirmed.

All the Justices concur, except Felton, J., who dissents.