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Case Law Reviews: Modifcation

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

Morgan v. Morgan, S10A1365

Categories: Divorce, Marital Property, Modifcation, Settlement Agreement

Facts: Husband and Wife divorced in 2007 by Decree, incorporating a settlement agreement. H was member of U.S. Navy. Agreement stated that, upon H’s retirement, W was entitled to only the portion of his retirement benefits that Navy required be paid to her. If such payments were required, H agreed to sign all documents to ensure 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