Eberhart v. Eberhart
Eberhart v. Eberhart
Opinion of the Court
Appellant brought this action against appellee, her former husband, seeking to gain custody of their three year old son based on changed conditions. Appellee had been granted custody, with no visitation privileges to appellant, by a divorce decree entered September 12, 1973. After a hearing, the court below found no change in conditions affecting the welfare of the child. Judgment was entered on January 7,1975, denying the relief sought but granting visitation privileges to appellant.
This appeal was withdrawn by appellant’s attorney on March 12, 1975, but was reinstated by order of this court on April 17 because the withdrawal was apparently without appellant’s knowledge or consent. No enumeration of errors or brief has been filed by appellant.
A review of the record shows that the appeal is wholly without merit. The evidence shows that appellant removed the child from Georgia during the divorce proceedings and kept him out of the state until the end of December, 1973. At that time, appellee, who had legal custody, regained physical custody. Although living in Athens, Georgia, appellant made little or no effort to visit the child from that time until she brought this action in
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.