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Brabant v. Patton

The trial court erred in failing to dismiss the father's petition for declaratory judgment and citation of contempt involving issues of custody and visitation, since the child had already reached the age of majority at the time the father filed his petition.

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Angela Brabant takes this appeal from the trial court’s order on Phillip Patton’s petition for declaratory judgment and petition for citation of contempt involving issues of custody, visitation, and support.1 For the reasons that follow, we reverse.

The record shows that Brabant and Patton were granted a divorce on December 19, 1997, in Muscogee County. Pursuant to the terms of their divorce, Patton was named the primary physical custodian of the parties’ two minor children, Allison Marie Patton, born May 12, 1991, the subject of the instant action, and her younger brother. The terms of the divorce also, in pertinent part, required Brabant to pay child support to Patton until Allison reached eighteen years of age, unless she became eighteen years of age while still attending secondary school, in which case support continued until she graduated from secondary school or attained twenty years of age, whichever first occurred.

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