252 S.E.2d 509
34424.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1979.
DECIDED FEBRUARY 6, 1979.
PER CURIAM.
This appeal is from a judgment dismissing the counterclaim of a resident non custodial parent to change the custody of minor children or in the alternative modify the visitation rights given him in the previous divorce decree. Appellee is the non resident legal custodian who had filed a writ of habeas corpus to recover possession of the children. After being served with the counterclaim, the appellee dismissed her habeas petition. We affirm.
Page 87
Matthews v. Matthews, 238 Ga. 201 (232 S.E.2d 76) (1977).
Judgment affirmed. All the Justices concur.
SUBMITTED JANUARY 12, 1979 — DECIDED FEBRUARY 6, 1979.
Modification of custody. Fulton Superior Court. Before Judge Shaw.
Novy Rumsey, Eugene Novy, Penelope W. Rumsey, for appellant.
Somers Altenbach, Marvin M. Rice, John W. Gibson, for appellee.
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