New v. Wilkins

I fully agree with Division 1 of the opinion but part company on Division 2.

An analysis of the somewhat unusual Fayette order reveals to me that the issue of change of custody was not decided by that court. Appellee, the mother, had moved to dismiss the petition for change of custody when the case was called for hearing, due to her as the custodial parent being a resident of Rabun County. As was her right, she *342wanted the issue of change of custody litigated in the court where she lived. The Fayette court recognized the validity of her motion and granted it, leaving to petitioner the…