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ALBERTI v. ALBERTI

No. A12A1851.

741 S.E.2d 179 (2013)

320 Ga. App. 724

ALBERTI, v. ALBERTI.

Court of Appeals of Georgia.

March 25, 2013.

Attorney(s) appearing for the Case

Barry Neal Middleton , Evans, for Appellant.

Shawn Patrick Hammond , Evans, John Robert Taylor , Augusta, for Appellee.

McMILLIAN, Judge.

At issue is whether the trial court erred in failing to dismiss the complaint of Andre J. Alberti (the Father) for change of custody because his action was an impermissible response to the habeas corpus petition of Ashley R. Alberti (the Mother). We conclude that the Father's complaint was not barred by OCGA § 19-9-23(c)(1) and therefore affirm the trial court's order awarding primary physical custody...

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