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
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
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
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
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
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
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
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