Stewart v

Stewart, 160 Ga. App. 463, 287 S.E.2d 378, 1981 Ga. App. LEXIS 3148 (1981). Garnishment as means of enforcing domestic monetary award. — As means of enforcing domestic monetary award, a garnishment action is as appropriate as a contempt action. Stewart v. 1001 Stewart, 160 Ga. App. 463, 287 S.E.2d 378, 1981 Ga. App. LEXIS 3148 (1981). Garnishment proceeding not within section’s proscription. — Garnishment proceeding for enforcement of child support award is not included among actions listed by O.C.G.A. § 199-24 which may not be maintained by a legal custodian who is withholding visitation rights in violation of a court order. Child support is the right of the child and not of the child’s custodian; neither wife nor civil courts can take away this right that inheres expressly in the children. Stewart v. Stewart, 160 Ga. App. 463, 287 S.E.2d 378, 1981 Ga. App. LEXIS 3148 (1981). Dismissal of claims following withholding of visitation. — Having found at a hearing that a custodial parent had withheld visitation, a trial court did not err when, pursuant to O.C.G.A. § 19-924(b), the court dismissed the contempt, visitation, and custody portions of the custodial parent’s petition and, consequently, did not permit the custodial parent to present evidence on the merits of the custodial parent’s dismissed claims. Avren v. Garten, 289 Ga. 186, 710 S.E.2d 130, 2011 Ga. LEXIS 377 (2011). Juvenile court did not err by dismissing the mother’s petition for modification of custody after finding that the mother withheld visitation, the mother unpersuasively testified that the child did not wish to visit the father, and it was not in the child’s best interest to be in the mother’s custody. Grailer v. Jones, 349 Ga. App. 625, 824 S.E.2d 118, 2019 Ga. App. LEXIS 135 (2019). Court justified in changing custody only upon extreme emergency. — To authorize the trial court to exercise the 19-9-24 court’s authority in a case where the court’s authority is restricted by O.C.G.A. Art. 2, Ch. 9, T. 19, there must be an extreme emergency justifying retrieval of the child by the noncustodial party. Hutto v. Hutto, 250 Ga. 116, 296 S.E.2d 549, 1982 Ga. LEXIS 998 (1982). No jurisdiction over custody action. — Trial court violated the law and public policy of this state by assuming jurisdiction of an action for modification of custody brought by father who was not the legal custodian and had no right to retain physical custody once the mother as legal custodian demanded return of the child. Lightfoot v. Lightfoot, 210 Ga. App. 400, 436 S.E.2d 700, 1993 Ga. App. LEXIS 1201 (1993). Court lacked authority to change custody in habeas corpus proceeding. — In habeas corpus proceeding by legal custodian seeking return of child to her custody, the trial court was without authority to allow evidence to be presented by physical custodian as to the legal custodian’s fitness and in ordering a change of custody. Hutto v. Hutto, 250 Ga. 116, 296 S.E.2d 549, 1982 Ga. LEXIS 998 (1982). No application of statute when no change in custody requested. — O.C.G.A. § 19-9-24, precluding a change of custody if custody was being withheld from the legal custodian, did not apply because there was no evidence that the husband had asked for the children, and the wife had offered to let them go for visitation at Thanksgiving if the children did not ride with the husband’s brother, who had hit one of the children. Saravia v. Mendoza, 303 Ga. App. 758, 695 S.E.2d 47, 2010 Ga. App. LEXIS 341 (2010).