From Casetext: Smarter Legal Research

Williamson v. Brazell

Supreme Court of Georgia
May 5, 1976
225 S.E.2d 304 (Ga. 1976)

Opinion

30997.

SUBMITTED APRIL 5, 1976.

DECIDED MAY 5, 1976.

Modification of child custody, etc. Toombs Superior Court. Before Judge McMillan.

Paul W. Calhoun, Jr., for appellant.

George E. Argo, for appellee.


The only enumerated error in this appeal is that the trial court erred and abused its discretion in modifying the visitation rights of the appellee under a final divorce decree as there was no evidence to show there had been a change of conditions since the date of the decree which substantially affected the welfare of the children.

The final decree provides for the father to have "reasonable visitation rights" as opposed to specific visitation periods. The trial court carefully considered the testimony of both parties and was authorized, but not required, to find there had been a denial of reasonable visitation rights to the father. The trial court modified the final decree to require specific visitation periods and the terms of its modification order are fair and reasonable.

This case is controlled by the ruling in Davis v. Coggins, 232 Ga. 508, 509 ( 207 S.E.2d 490) (1974), and Howell v. Howell, 232 Ga. 537 ( 207 S.E.2d 492) (1974). We find no abuse of discretion by the trial court in this case.

Judgment affirmed. All the Justices concur.

SUBMITTED APRIL 5, 1976 — DECIDED MAY 5, 1976.


Summaries of

Williamson v. Brazell

Supreme Court of Georgia
May 5, 1976
225 S.E.2d 304 (Ga. 1976)
Case details for

Williamson v. Brazell

Case Details

Full title:WILLIAMSON v. BRAZELL

Court:Supreme Court of Georgia

Date published: May 5, 1976

Citations

225 S.E.2d 304 (Ga. 1976)
225 S.E.2d 304

Citing Cases

Ryback v. Cobb County Department of Family & Children Services

Payne v. Payne, 39 Ga. 174 (1869); Westmoreland v. Westmoreland, 243 Ga. 77 ( 252 S.E.2d 496); Brock v.…

Edwards v. Edwards

It should be noted that in recent cases coming before this court on petition to modify, where the trial judge…