Judgment granting appellee’s petition for legitimation and awarding temporary custody of appellant’s child, first to appellee, then to appellee’s parents and then to appellee again, VACATED; trial court erred in granting appellee’s petition to legitimate, since no evidence was presented regarding issues necessary for determination of whether to grant legitimation at May 29, 2008, 30 Day Conference on appellee’s petition; for same reason, trial court erred in granting appellee’s petition for temporary custody, since only mother is entitled to custody of child, until legitimation is properly entered; no authority grants legitimation by default; case remanded with direction for proceedings consistent with this opinion.

Ernst v. Snow, A10A0602 (07/13/10), 10 FCDR 2452

From:  Fulton County Daily Report, 07/30/2010.

Revision; judgment revered and case remanded;  Court had jurisdiction over mother’s appeal, even though appeal involved final divorce decree, which included child custody determination, rather than separate child custody order, since mother followed required application procedures for discretionary appeal; trial court had authority to revise custody award in this case beyond term in which trial court entered original custody decree, because father filed his motion for reconsideration within the term of court; however, trial court lacked authority to set aside its original custody determination without determining child’s best interests, regardless of whether mother was living with another man – mother contended that she and man in question did not live together prior to divorce and, since divorce, they had married and, at motion for reconsideration hearing, trial court simply followed its own policy of never awarding custody to parent living with non-relative.

Todd v. Todd, S10A0471 (06/01/2010), 10 FCDR 1754

From:  Fulton County Daily Report (06/11/2010)

Judgment increasing mother’s child support obligation, REVERSED, as trial court erred in modifying it without finding substantial change in mother’s income, since entry of final divorce decree; mother’s monthly income has decreased from $2.1K to $0, due to her decision to become a stay-at-home mother to her child from her new marriage, even if trial court correctly disregarded voluntary reduction in mother’s income, evidence did not show increase in mother’s income in 2 1/2 years since her divorce, and neither party presented evidence of mother’s husband’s income; trial court erred in awarding attorney’s fees to father under OCGA 19-9-3(g) and 19-6-15(K)(5), since father was not prevailing party, in light of fact that evidence did not support increase in child support award; evidnece did not support attorneys’ fee award under any statute, in any event, as father did not provide his attorney’s actual costs or reasonableness of those costs; trial court used correct standard of whether this was material change in condition affecting children’s well being in ruling that evidence supporte denial of mother’s petition for modification of custody; mother failed to show that father’s mother’s home was inadequate for their children, that father’s late shifts at work materially affected children’s welfare, or that allowing their daughter to finish out last six wweeks of her school year at her previous school, after father moved with children to his mother’s home, adversely affected her well-being.

Harris v. Williams, A10A0294 (06/11-2010), 10 FCDR 1918.

From:  Fulton County Daily Report (06/25/2010)

Denial of appellant’s motion for contempt and emergency change of custody, AFFIRMED, as some evidence supported trial court’s ruling that appellee was not in contempt; though parties’ divorce decree did not award child support due to appellant’s then existing health problems, it did not debar appellee from exercising his legitimate right to seek child support at some future time and appellant failed to show that change in custody was necessary or in child’s best interest; absent transcript, evidence presumably supported trial court’s ruling, in any event; after trial court declined to award any child support in divorce action, appellee filed action for child support through Child Support Enforcement Office, which entered order granting support from appellant, though order was later temrinated to to appellant’s health problems.

Jones v. Foster, A10A0278 (05/03/2010), 10 FCDR 1527

From:  Fulton County Daily Report (05/14/2010)

Order transferring custody of minor child from paternal grandmother to child’s mother, REVERSED, trial court ERRED in depriving father and grandmother of opportunity to question guardian ad litem about results of his investigation, since father and grandmother bore burden of proving that return of custody to mother would harm child and that remaining with grandmother was in child’s best interest; trial court ERRED in failing to include written findings in its child support award; trial court acted within its discretion in prohibiting any party from having unrelated overnight guests of opposite sex during periods of physical custody or visitation.

Simmons v. Williams, A07A2218 (03/27/08), 08 FCDR 1256

From:  Fulton County Daily Report (04/18/08)

Dismissal of mother’s petition for change of custody, which included request for child support, REVERSED; trial court erred in ruling that it lacked jurisdiction over matter, on basis that child was 18 years old when it held hearing, since mother filed petition when child was still minor and child’s change of legal custody, even for brief period of time prior to his majority, was relevant to question of child support for that period of time; ruling on child support petition after child reached majority did not divest mother of her right to seek award of child support from time peition was filed through remaining period of child’s majoirty;  O.C.G.A. § 19-6-15(e) provides that custodial parent may seek to extend child support payments for child who has reach age of majority, but has not completed his or her secondary education, as alleged herein; trial court erred in failing to consider mother’s petition for change of custody as petition for child support, since petition included request ofr child support and child support claim was inextricably tried to mother’s peition to gain legal custody as O.C.G.A. § 19-6-19 requires.

Wade f/k/a Corinthian v. Corinthian, S08A0363; S08A0363 (05/19/08), 08 FCDR 1694.

From:  Fulton County Daily Report (05/30/08)

Award of primary physical custody of couple’s minor child to husband, AFFIRMED, as evidence supported finding that award was in child’s best interest;  wife’s allegations of sexual abuse were inconclusive, wife’s handling of allegations had negative effect on child’s relationship with her father, husband, who worked nights, had assistance with childcare and husband was able to provide for his child’s need.

King v. King, S08F0810 (09/22/08), 08 FCDR 2933.

From:  Fulton County Daily Report 10/03/2008)

Denial of mother’s petition to modify custody based on allegations that father touched children inappropriately while they visited him, REVERSED, and case remanded;  trial court did not abuse its discretion in denying mother’s petition, because evidence showing sexual abuse was not conclusive; trial court erred in refusing to consider additional evidence from witness discovered after hearing, but before final ruling, because trial court in custody action must consider all facts and conditions, which present themselves up to time of rendering final judgment.

Hardin v. Hardin, A10A0572 (04/06/10), 10 FCDR 1347

From:  Fulton County Daily Report (04/23/2010)

Denial of father’s motion to hold mother, father’s ex-wife, in contempt for failing to comply with couple’s 2005 divorce decree, which awarded father legal and primary physical custody of couple’s children, AFFIRMED; grant of mother’s petition for change in custody and award of joint legal an primary physical custody of children to mother, AFFIRMED; consolidation of father’s motion for contempt and mother’s custody petition was not prohibited by O.C.G.A. § 19-9-23, because custody action was filed as separate action in father’s county, not as responsive pleading; moreover, father cannot complain, because he did not object to consolidation and acquiesced in joint hearing; trial court DID NOT ERR in denying father’s contempt motion, because there was no evidence of willful disobedience of court order; trial court DID NOT ERR in granting mother’s custody petition on grounds that material change of condition affecting welfare of children had occurred since last order, because evidence showed that father failed to provide financially for his children, was uninvolved in their lives and did not enforce original custody order despite being awarded primary physical custody of children.

Saravia v. Mendoza, A10A0391, A10A0392 (03/31/10), 10 FCDR 1173

From:  Fulton County Daily Report, (04/16/2010).

Trial court’s order awarding sole custody to father, AFFIRMED; trial court was presumably correct in allowing father to bring his petition for modification, because mother did not show that father’s petition was filed as prohibited counterclaim under O.C.G.A § 19-9-23(c); moreover, father’s petition bore a different case number than mother’s petitions and parties’ actions were filed almost simultaneously; doctrine of unclean hands does not apply in child custody cases and trial court was not required to retain custody with mother simply because father picked up minor from mother’s mother and step-father’s house; trial court DID NOT abuse its discretion in finding material change in circumstances affecting minor’s welfare, because mother left minor in her mother and step-father’s care for several months without notifying father and forged court order in attempt to take child away from father.

Lynch v. Horton, A09A1934 (3/03/10), 10 FCDR 638

From the Fulton County Daily Report – 3/19/2010