Boggus v. Boggus

Hall, Justice.

This case involves the question of jurisdiction to award custody of minor children where the parents live in different states and bring custody proceedings in their respective jurisdictions: the wife in California; the husband in Georgia,. We hold that in order to award custody where no divorce action is pending, the court must have personal jurisdiction over both parents. Therefore, the California decree rendered in favor of the wife without jurisdiction over the husband is a nullity, but the award of custody in favor of the husband in Georgia where both parties were before the…