Banister v. Banister

Marshall, Justice.

The parties to this appeal were divorced on March 19, 1976, by final judgment and decree of the Dougherty Superior Court. The divorce decree, which incorporated an agreement of the parties, provided that "temporary custody of the minor children shall be in the husband ... the Court specifically reserves the question of permanent custody until a later date.” The decree further provided that, "the parties agree that the husband shall continue temporary custody for a period of not less than one (1) year, after which time, either party may apply for permanent custody of the…