GA Court of Appeals affirmed the grant of primary custody to the mother, holding that the trial court did not abuse its discretion.

The Court of Appeals affirmed the grant of primary physical custody of the parties’ daughter to the mother, holding that the trial court did not abuse its discretion. Absent a request to do so, the trial court was not required to set forth in its order factual findings upon which to base a determination as to either parent’s fitness, and neither party made such a request here. Moreover, a fitness determination was implicit in the trial court’s award of joint legal custody to both parents, primary physical custody to the mother, and secondary physical custody to the father. The Court also held that evidence supported the trial court’s conclusion that awarding primary physical custody to the mother would result in the least amount of disruption in the child’s life and would be in her best interest.

Curtice v. Harwell, A11A2393 (12/08/11)

Fulton County Daily Report, December 29, 2011

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