Alberti v. Alberti

McMillian, Judge.

At issue is whether the trial court erred in failing to dismiss the complaint of Andre J. Alberti (the Father) for change of custody because his action was an impermissible response to the habeas corpus petition of Ashley R. Alberti (the Mother). We conclude that *725the Father’s complaint was not barred by OCGA § 19-9-23 (c) (1) and therefore affirm the trial court’s order awarding primary physical custody of the children to the Father.1

The record shows that the Father and the Mother, both residents of Columbia County, are the divorced parents of two minor children. The divorce…