Legal Opinion · Dissent

Dellinger v. Dellinger

Supreme Court of Georgia

Decided November 23, 2004No. S04F1376Published

1DissentThompson, Justice

I believe the self-executing provision modifying visitation in this *738case was permissible and a proper exercise of the trial court’s discretion. Accordingly, I would affirm the judgment of the trial court.

In Scott v. Scott, 276 Ga. 372 (578 SE2d 876) (2003), this Court held that self-executing change of custody provisions are not expressly prohibited by statutory law and that they may be upheld so long as they properly consider the best interests of the child at the time the self-executing change would become effective. Id. at 375. Of course, we must look to the best interests of the child in…

2Cases cited4 opinions

  1. Scott v. ScottSupreme Court of Georgia · 2003
  2. Woodruff v. WoodruffSupreme Court of Georgia · 2000
  3. Patel v. PatelSupreme Court of Georgia · 2003
  4. Parker v. ParkerSupreme Court of Georgia · 1979

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