From Casetext: Smarter Legal Research

Bragg v. Bragg

Supreme Court of Georgia
Nov 7, 1968
164 S.E.2d 560 (Ga. 1968)

Opinion

24870.

SUBMITTED OCTOBER 14, 1968.

DECIDED NOVEMBER 7, 1968.

Divorce. Screven Superior Court. Before Judge Usher.

W. C. Hawkins, for appellant.

Charles E. Bragg, pro se.


1. In the final decree the court expressly reserved the question of visitation until after the term but awarded custody of the minor children to the mother and enjoined the father from going about the premises. This is a final judgment as to custody, and the cases of Fuller v. Fuller, 197 Ga. 719 ( 30 S.E.2d 600); Goodloe v. Goodloe, 211 Ga. 894 ( 89 S.E.2d 654); Anthony v. Anthony, 212 Ga. 356 ( 92 S.E.2d 857); Perry v. Perry, 212 Ga. 668 ( 95 S.E.2d 2); Young v. Pearce, 212 Ga. 722 ( 95 S.E.2d 671), and Pirkle v. Pirkle, 212 Ga. 752 ( 95 S.E.2d 663), where the court, although awarding custody in the final decree sought to retain jurisdiction to change custody, or visitation privileges, control. A judgment fixing the custody of a minor child of divorced parents is a final one on the facts then existing and any attempt by the trial judge to retain jurisdiction of the child is a nullity. Accordingly, the court erred in attempting to retain jurisdiction to award visitation privileges at some future date with notice to the parties. Any change of circumstances affecting the interest and welfare of the children may authorize a separate suit by the interested parties, but the court has lost jurisdiction of this case to render any further judgment in it.

Judgment reversed. All the Justices concur.

SUBMITTED OCTOBER 14, 1968 — DECIDED NOVEMBER 7, 1968.


Summaries of

Bragg v. Bragg

Supreme Court of Georgia
Nov 7, 1968
164 S.E.2d 560 (Ga. 1968)
Case details for

Bragg v. Bragg

Case Details

Full title:BRAGG v. BRAGG

Court:Supreme Court of Georgia

Date published: Nov 7, 1968

Citations

164 S.E.2d 560 (Ga. 1968)
164 S.E.2d 560

Citing Cases

Yde v. Yde

With this contention we do not agree. We held in Bragg v. Bragg, 224 Ga. 733 (1) ( 164 S.E.2d 560) that "A…

Stegall v. Stegall

Goodloe v. Goodloe, 211 Ga. 894 ( 89 S.E.2d 654) (1955). See e. g., Simpson v. Moon, 238 Ga. 152 (1977);…