Case Law Reviews: Child Custody
Greene v. Greene, A10A1463-A10A1464
Categories: Child Custody, Settlement Agreement
These appeals arose from Wife’s motion for contempt against Husband for violating the terms of their Settlement Agreement. Husband’s appeal (A10A1463) concerned two related enumerations of error. First, Husband argued that the trial court erred when it found him in contempt of a provision in the Settlement Agreement that gave Wife final decision making authority Read More
In the Interest of C.A.L, A10A2557
Categories: Child Custody, Deprivation
Facts and Trial Court: After hearing evidence from DFACS and a clinical psychologist about the minor child’s (C.A.L)’s abuse at the hands of Father, stepmother, and cousins on Father’s side, the trial court concluded that the child was deprived under the definition set forth in O.C.G.A. § 15-11-2, and awarded custody to Mother. Court of Read More
Pace v. Pace, S10F0843
Categories: Child Custody
At temporary hearing, trial court awarded physical custody to Husband and joint legal custody to both parties. At final trial, court awarded permanent physical and legal custody to Husband. Supreme Court reversed, as the trial court relied on evidence from the temporary hearing without notifying the parties. A temporary award of custody differs in nature Read More
Prince v. Wingo, A10A1972
Categories: Child Custody, Modifcation
Parties were divorced and custody of the child was awarded to maternal grandparents. Husband then remarried and filed a modification requesting custody claiming he could now provide a stable home for the child. Once custody is awarded to a third party in an action to which a parent was a party, the roles of the Read More
Sherrington v. Holmes, A10A1066
Categories: Child Custody, Legitimation
General prayer for relief in Petition should put respondent on notice of issues to be presented at upcoming hearing, such as a request to determine custody. Failing to file an answer to a petition can serve to waive any defense to the original claim but will not waive the right to respond to a subsequent Read More
Willis II v. Willis, S10F1357
Categories: Child Custody, Child Support, Divorce
The parties’ appeals from the entry of a judgment and decree of divorce were before the Court by way of the pilot project. The trial court awarded the parties shared joint legal and physical custody of the sole child born of the marriage, with the parties exercising physical custody on alternate weeks. Solely for purposes Read More