Entrekin v. Friedman stated that no action could be constituted against a legal custodian as long as a child’s custody is withheld from the legal custodian.
By Sarah McCormack, Family Lawyer
Because child’s aunt was not a party to the original divorce decree, she could maintain a child custody modification action against one of the child’s parents without violating O.C.G.A. § 19-9-24(a) (“[a] physical custodian shall not be allowed to maintain against the legal custodian any action for . . . change of custody . . . so long as custody of the child is withheld from the legal custodian in violation of the custody order.”
Sarah McCormack practices family law with the Georgia law firm of Kessler & Solominay.