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235 Ga. 657

Githens v. Githens

Supreme Court of Georgia

Decided December 2, 1975

Supreme Court of Georgia · decided 1975-12-02

Cited by 3 later decisions — most recently June 1976

3 state decisions

Relies on Robinson v. Ashmore

Good law ✅— No negative treatment on recordhow we know

Decided 1975-12-02

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¶1Darlene Alice Githens filed a habeas corpus petition seeking to obtain the custody of her two minor children from James Henry Githens, their father. Custody of the children had been awarded to her under a divorce decree. The father’s wife and sister were also named as defendants. The father sought to have custody of the children awarded to him based on a material change of conditions affecting the children.

¶2After an extensive hearing the trial court found that a material change of conditions had occurred and awarded the children to their father. The appeal is from this judgment. Held:

¶3In Robinson v. Ashmore, 232 Ga. 498, 500 (207 SE2d 484) (1974) this court said that, "... if there is 'reasonable evidence’ in the record to support the decision made by the habeas corpus court in changing custody or visitation rights, then the decision of the habeas corpus court must prevail as a final judgment, and it will be affirmed on appeal.” There is reasonable evidence in this record to support the decision of the habeas corpus judgment.

¶4 Judgment affirmed.

All the Justices concur, except Gunter and Ingram, JJ., who concur in the judgment only.
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