Category Archives: Service by Publication

GA trial court does not have authority to modify final order of custody during contempt proceeding.

Order removing child custody from mother and granting custody to father, reversed; trial court does not have authority to modify final order of custody during contempt proceeding; trial court should not have granted motion for service by publication because father’s statement that father checked telephone information and directories did not show that father exercised due diligence in attempting to contact mother; specifically, father had been instructed to mail information to mother’s former address and had mother’s phone number and email address; moreover, service by publication did not give mother notice that custody action was pending because notice only mentioned contempt action related to visitation.

Coker v. Moemeka, A11A0005 (07/01/11)

Fulton County Daily Report, July 22, 2011