Legal Opinion · Dissent

Milner v. Milner

Court of Appeals of Georgia

Decided February 12, 1987No. 73198Published

1DissentBenham, Judge

I respectfully dissent from the majority’s affirmance of the trial court’s order which changed custody of a 3-1/2-year-old female child from appellant mother to appellee father. My review of the record and transcript of the hearing leads me to conclude that there is no reasonable evidence to support the trial court’s conclusion that there has been a change of condition affecting the welfare of the child. Gazaway v. Brackett, 241 Ga. 127, 128 (244 SE2d 238) (1978).

In its order, the trial court found the following to be detrimental to the child: the varying nature of appellant’s work schedule;…

2Cases cited5 opinions

  1. Gazaway v. BrackettSupreme Court of Georgia · 1978
  2. Blackburn v. BlackburnCourt of Appeals of Georgia · 1983
  3. Webb v. WebbSupreme Court of Georgia · 1980
  4. Gibson v. PierceCourt of Appeals of Georgia · 1985
  5. In the Matter of J. S. S.Court of Appeals of Georgia · 1985

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