The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Robert Scott Edlerv.Lisa Elaine Hedden F/K/A Lisa Elaine Hedden Edler

CourtCourt of Appeals of Georgia
Docket No.A17A1547
DecidedFebruary 21, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyStatutory InterpretationAppellate ProcedureReversalDue Process
Case Summary

After a divorce judgment awarded Lisa Hedden primary custody, the parties’ daughter briefly elected to live with her father and later sought to return to her mother. The trial court allowed the second election even though less than two years had passed since the first one, interpreting the Georgia custody statute to permit a new choice whenever the child changed residences. The Georgia Court of Appeals reversed. It held that the statute made a child’s selection effective for two years from the previous selection, so the daughter could not invoke the statutory preference again before that period expired. The court reasoned that the contrary interpretation would create an unlimited cycle of elections and render the two-year restriction meaningless. The decision did not prevent a court from modifying custody based on a material change in circumstances; it addressed only the statutory election procedure. The court reversed the custody judgment on that ground.

Opinion

Loading published copy…

The Far Side