Gambrell v. Gambrell

Undercofler, Presiding Justice.

The mother had been awarded a divorce decree and custody of the child by publication in Alabama. The child was not present there at the time. She then filed this habeas corpus action seeking possession of the child from his father in Georgia. He counterclaimed for custody, which the trial court granted. The mother appeals. We affirm.

The mother contends that under Matthews v. Matthews, 238 Ga. 201 (232 SE2d 76) (1977), requiring that suits for change of custody be litigated in the domicile of the custodial parent, the habeas court had no authority to entertain…