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
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
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
Parties were divorced in Louisiana, a community property state. After moving to Georgia 12 years later, Wife attempted to domesticate the decree and implement a constructive trust on her interest in Husband’s military retirement benefits. Court of Appeals transferred the case to the Supreme Court based on SC’s jurisdiction over all divorce and alimony cases,… Read More
Husband and Wife entered into a settlement agreement which provided that each party waived all of his or her right, title, and interest in and to, among other things, employment benefit plans. The settlement agreement was incorporated into their final judgment and decree of divorce which was entered on September 25, 2008. Five days after… Read More