Opinion
18266.
ARGUED JUNE 9, 1953.
DECIDED JULY 13, 1953.
Divorce. Before Judge Guess. Newton Superior Court. March 30, 1953.
Swift Tyler, John Tyler and Marvin O'Neal Jr., for plaintiff in error.
Vaughn Barksdale, contra.
The allegations in the present petition by a father to modify a decree awarding the minor children to the mother, so as to allow the father the right of visitation, were insufficient to set forth a change of facts and circumstances occurring since the date of the decree, which affected the interest and welfare of the children; and, accordingly, the trial judge did not err in sustaining the general demurrer interposed by the mother and in dismissing the petition to modify. Scott v. Scott, 154 Ga. 659, 661 ( 115 S.E. 2); Sells v. Sells, 172 Ga. 911 (1) ( 159 S.E. 237); Shields v. Bodenhamer, 180 Ga. 122 ( 178 S.E. 294); Fuller v. Fuller, 197 Ga. 719 (3) ( 30 S.E.2d 600); Pope v. Pope, 209 Ga. 326 ( 72 S.E.2d 308).
Judgment affirmed. All the Justices concur, except Atkinson, P. J., not participating.
No. 18266. ARGUED JUNE 9, 1953 — DECIDED JULY 13, 1953.
Mrs. Gwendolyn Stuart Harrell, now Cronin, filed in Newton Superior Court, against her husband, Tasco Harrell, a petition for divorce. A final decree was rendered on July 16, 1951, granting a divorce between the parties and allowing each party to remarry. The mother was awarded the custody of the two minor sons, and the father was ordered to pay $60 per month for their support. No provision was made in the final decree relative to the father visiting his minor sons and having them visit him.
On March 17, 1953, the father filed a motion to modify the decree as to custody, in which he alleged substantially the foregoing and also as follows: The mother has remarried and is still residing in Newton County. The father has remarried, maintains a home in Fulton County, and is desirous of visiting his minor sons and having them visit him. He prayed that the former decree be so modified as to allow him to have the custody of his minor sons at stated intervals, at least every other weekend, and so as to allow him to visit them at such times and places as are convenient, taking into consideration the health and well-being of the minor sons.
To the motion to modify the mother filed a general demurrer, which the trial judge sustained, dismissing the motion. The father excepted.