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)