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
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
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
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
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
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