Revision; judgment revered and case remanded;  Court had jurisdiction over mother’s appeal, even though appeal involved final divorce decree, which included child custody determination, rather than separate child custody order, since mother followed required application procedures for discretionary appeal; trial court had authority to revise custody award in this case beyond term in which trial court entered original custody decree, because father filed his motion for reconsideration within the term of court; however, trial court lacked authority to set aside its original custody determination without determining child’s best interests, regardless of whether mother was living with another man – mother contended that she and man in question did not live together prior to divorce and, since divorce, they had married and, at motion for reconsideration hearing, trial court simply followed its own policy of never awarding custody to parent living with non-relative.

Todd v. Todd, S10A0471 (06/01/2010), 10 FCDR 1754

From:  Fulton County Daily Report (06/11/2010)