From Casetext: Smarter Legal Research

Warren v. Warren

Supreme Court of Georgia
Mar 10, 1977
233 S.E.2d 785 (Ga. 1977)

Opinion

31913.

ARGUED FEBRUARY 15, 1977.

DECIDED MARCH 10, 1977.

Modification of custody. DeKalb Superior Court. Before Judge Norvell.

R. Wayne Pressley, for appellant.

Burdine Lindsey, Wendell C. Lindsey, for appellee.


This is an appeal from an order modifying child visitation rights under a 1973 divorce decree.

The husband, the noncustodial parent, has now moved to Texas, and seeks modification of his visitation rights to accommodate his new circumstances. His petition was granted, and the mother appeals.

1. Under the 1976 amendment to Code § 50-121, a modification of visitation rights on the motion of any party is authorized without the necessity of showing a change of conditions. This statute changed preexisting decisional law. Edwards v. Edwards, 237 Ga. 779 ( 229 S.E.2d 632) (1976).

2. The application of a 1976 statute to a 1973 decree is not an unconstitutional retroactive application of a statute. George v. Sizemore, 238 Ga. 525 (1977).

Judgment affirmed. All the Justices concur.


ARGUED FEBRUARY 15, 1977 — DECIDED MARCH 10, 1977.


Summaries of

Warren v. Warren

Supreme Court of Georgia
Mar 10, 1977
233 S.E.2d 785 (Ga. 1977)
Case details for

Warren v. Warren

Case Details

Full title:WARREN v. WARREN

Court:Supreme Court of Georgia

Date published: Mar 10, 1977

Citations

233 S.E.2d 785 (Ga. 1977)
238 Ga. 532

Citing Cases

Gazaway v. Brackett

Moreover, although a change in visitation is a form of change in child custody, visitation can be changed…