Mock v. Mock, 369 S.E.2d 255 (Ga. 1988). · Go Syfert
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Mock v. Mock, 369 S.E.2d 255 (Ga. 1988). Cases Citing This Book View Copy Cite
24 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Grier v. Peed (ga, 2003-03-27)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 2 distinct citers.
cited Cited as authority (rule) Grier v. Peed
Ga. · 2003 · confidence medium
Scott v. McLaughlin, 258 Ga. 407, 408 ( 369 SE2d 257 ) (1988).
discussed Cited "see" Rose v. Rose (2×)
Ga. · 2014 · signal: see · confidence high
See generally Mock v. Mock, 258 Ga. 407 ( 369 SE2d 255 ) (1988) (while trial court may consider conduct of parties in determining custody, it must ultimately decide the custody issue on the basis of the best interest of the child).
Mock
v.
Mock
45658.
Supreme Court of Georgia.
Jun 23, 1988.
369 S.E.2d 255
Dubberly & McGovern, Joseph D. McGovern, for appellant., John E. Pirkle, for appellee.
Per Curiam.
Cited by 9 opinions  |  Published
Per curiam.

In this case the trial court found both parents equally fit to raise the minor child. However, the trial court granted custody of the child to the father because of his further finding that the mother was at fault in causing the divorce by her adulterous conduct. The trial court’s ruling was based on OCGA § 19-9-l(a) which provides in part: “In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage.” However, this part of the statute is overridden by the rule that “[a]s between parents the right of custody depends upon what will promote the welfare of the children.” Gunnells v. Gunnells, 225 Ga. 188, 189 (1) (167 SE2d 138) (1969).

While the trial court may consider the conduct of the parties on the issue of custody, see Harris v. Harris, 240 Ga. 276, 277 (240 SE2d 30) (1977), the court ultimately must decide the custody question based on the best interest of the child.

We remand the case to the trial court for further consideration of the custody question in light of this opinion. See Lifsey v. Lifsey, 256 Ga. 613 (351 SE2d 637) (1987).

Case remanded.

All the Justices concur.