Roach v. Kapur

McMurray, Presiding Judge.

This Court granted an interlocutory appeal in this case from the superior court’s order denying appellant-plaintiff mother’s motion to dismiss or transfer appellee-defendant father’s counterclaim for custody of the parties’ minor child. The question presented is whether the father, in this case the noncustodial parent, may counterclaim for change of custody in an action for modification and contempt brought by the mother/custodial parent in the father’s place of residence. Held:

OCGA § 19-9-23 pertinently provides:(a) Except as otherwise provided in this Code section,…