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Case Law Reviews: Child Custody

Autrey v. Autrey, S10F1806

Categories: Child Custody, Child Support

Final decree awarded primary physical custody to Wife, ordered Husband to pay child support based on Husband’s income of $12,500.  Wife filed in Gwinnett in October 2008, Husband served two days later at marital residence in Gwinnet, where parties had lived for 20 years.  Husband asserted his domicile and primary residence was in Cobb, where Read More

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Bellew v. Larese, S10A1334

Categories: Child Custody, Foreign Judgment

The parties were married in Italy.  Mother is an Italian national and Father is a U.S. citizen.  The couple has a minor child who was born in Italy, and who has dual Italian and U.S. citizenship.  In May of 2007, Mother left with the child for Italy for a summer vacation.  On August 1, 2007, Read More

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Boddie v. Daniels, S10A1821

Categories: Child Custody, Temporary Guardianship

In order to deny a Mother’s petition to terminate temporary guardianship of her daughter, court must find by clear and convincing evidence that termination of temporary guardianship would harm the child. Clark v. Wade, 273 Ga. 587 (2001) interprets O.C.G.A. § 29-2-8(b) and states that a third party must provide clear and convincing evidence that Read More

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Brooker v. Brown, A10A1585

Categories: Child Custody, Modifcation

Trial court properly denied petition to modify custody and child support. Evidence was not sufficient to find that defendant, the primary custodian, was negligent in caring for the child or deficient in meeting child’s medical needs. Trial court did not err in declining to strike defendant’s testimony on the grounds that she was guilty of Read More

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Carroll v. Carroll, A10A2332

Categories: Child Custody, Modifcation

Following a final hearing in a custody modification action, the trial court awarded primary physical custody of the three minor children to their father. The mother appealed, claiming the trial court committed harmful error in reviewing testimony previously submitted by affidavit.  The parties submitted affidavits in anticipation of a temporary hearing which was subsequently canceled. Read More

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Galvin v. Galvin, S10A1104

Categories: Child Custody, Child Support, Modifcation

Father petitioned for modification of custody and child support based on being unemployed. Downward modification of support that is retroactive to the date Father sought modification was not required, as Father only sought downward modification, and thus O.C.G.A. § 19-6-15(j) did not apply to keep child support from accruing. Trial court correctly imputed income to Read More

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