GA 19-7-51 - GA 19-7-51

JUDICIAL DECISIONS Custody not determined in legitimation action. - In a proceeding on a father's petition for custody, when the issue of custody had not been determined in a prior legitimation action, the court erred in requiring the father to show a material change of condition affecting the well being of the child; rather, the dispute must be resolved under the best interest of the child test. Kennedy v. Adams, 218 Ga. App. 120 , 460 S.E.2d 540 (1995). Cited in Mullin v. Roy, 287 Ga. 810 , 700 S.E.2d 370 (2010). <h4...