Jordan v. Jordan

Hbau, Presiding Justice.

Under the undisputed evidence the children were not in the physical possession of the father at the time of the filing of the mother’s petition, but were in the possession of his sister and her husband in Florida. It has been held that whoever has legal custody and control of a minor child, in legal contemplation also has possession of it. Crowell v. Crowell, 190 Ga. 501 (9 SE2d 628). In the present case, however, it does not appear that legal custody of the children had been awarded to either parent. There is no contradiction of the testimony of the father that he has…