Georgia Court Of Appeals, (June 18, 1985)
Docket number: 70310
DECIDED
MCMURRAY, Presiding Judge. - DECIDED
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http://vlex.com/vid/johnson-v-hubert-20456136
Id. vLex: VLEX-20456136
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Judgment reversed. Banke, C. J., and Benham, J., concur.

Georgia Court Of Appeals - Templeman v. Earnest., 209 Ga. App. 557, 434 S.E.2d 106 (1993)
Carl J. Surrett, for appellant.
Plaintiff Rick M. Hubert filed a petition in the Superior Court of McDuffie County seeking the change of custody of his minor child. The petition was filed nearly two years after custody of the child was awarded to the defendant Jackolyn J. Hubert Johnson through a final judgment granting a total divorce between the parties. Following a hearing upon the petition, the trial court entered findings of fact and concluded: "It appears that both the natural mother and father love the child dearly. Everything considered between the Plaintiff, father, and Defendant, mother, the scales are overwhelmingly unbalanced to the extent that the best interest and welfare of the child would be best served by the award of his custody to the Plaintiff, father." We granted defendant's application for a discretionary appeal to review the judgment of the trial court. Held:1. "As between natural parents, a change in custody of a minor child may be awarded only upon a showing of a change in material conditions or circumstances of the parties or the child, subsequent to the original decree of divorce and award of custody, and that the change of custody would be in the best interests of the child. OCGATry vLex for FREE for 3 days
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