Final judgment and decree of divorce AFFIRMED; trial court did not abuse its discretion in adopting guardian ad litem’s (“GAL”) report and recommendation that father be granted primary physical custody of parties’ three children, despite father’s out-of-state move; record relied mother’s contention that trial court did not consider effects of relocation or children’s best interest; record showed that consideration of father’s previous move in regard to children’s welfare and its pragmatic consequences were pivotal to trial court’s custody determines and plan to implement visitation; trial court did not abuse its discretion in ordering mother to pay 1/2 of cost of transportation for children to travel back and forth to Denver when father voluntarily moved out of state, since trial court found parties’ gross monthly incomes were approximately equivalent and father was primary physical custodian;  mother did not dispute father’s assertion that he no longer lives in Denver or that he primarily resides in Atlanta and mother conceded that children have remained with her and that issue of travel to Denver for visitation was non extant;  trial court did not abuse its discretion in awarding GAL fees without application for fees or hearing, since USCR 24.9 (8) (g) provides that hearing may be waived, GAL submitted bill for services rendered up until day prior to trial and mother did not request hearing on matter.

Salmon-Davis v. Davis, S09F1609 (02/01/2010), 10 FCDR 227

From:  Fulton County Daily Report, 2/12/2010.