Dyer v. Allen

Gunter, Justice.

In December of 1974, appellant, the natural father of the child involved in this litigation, brought a habeas action in Fulton Superior Court against the maternal grandparents, the appellees here, who had possession of the child in Fulton County. The natural mother was deceased and the natural father resided in Spalding County.

By judgment entered January 7, 1975, the habeas court awarded custody to the natural father. This judgment was unappealed and became a final judgment.

In August of 1976, the grandparents filed a motion in Fulton Superior Court for modification of the…