225 Ga. 251 | Ga. | 1969
On March 25, 1966, a final divorce decree was rendered between the parties which also gave custody of the couple’s two children to the wife. When the older child
1. The trial court did not err in ruling that the fitness or unfitness of the mother was not in question where the pleadings did not raise such question, where there was no attempt to obtain custody of the younger child from the mother, and the sole evidence offered to attempt to show her unfitness was that after being divorced for three years she. had recently begun dating. No evidence was introduced to show any improper conduct as a result of such dating.
2. While generally a 14-year-old child may as a matter of right select the parent with whom he desires to reside, yet where the parent selected is found to be unfit, a decree placing custody in the other parent is not error. See Northcutt v. Northcutt, 220 Ga. 245 (138 SE2d 377); Pritchett v. Pritchett, 219 Ga. 635 (135 SE2d 417).
The evidence adduced authorized the trial court to find that the father was unfit and the decree leaving custody of the 14-year-old son in the mother was not error for any reason assigned.
3. In view of the affirmance of the decree leaving custody of the child in the mother, the remaining enumerations of error relating to the possibility of the child support being changed, the question of attorney’s fees for the wife if she should have to defend a possible change in such child support and as to evidence as to the husband’s earnings are moot questions which will not be passed upon.
Judgment affirmed.
