Order granting maternal grandmother visitation rights with her daughter’s two children, pursuant to Georgia’s Grandparent Visitation Statute, AFFIRMED; daughter could not challenge visitation order, since she aided in causing order by moving trial court to enforce earlier visitation agreement and there was no evidence of fraud or mistake; daughter was authorized to file instant appeal, pursuant to OCGA 5-6-34(a)(11); Court declined to dismiss daughter’s appeal and denied grandmother’s motion to sanction daughter for filing frivolous appeal.

Hargett v. Dickey, A10A0762 (05/20/2010), 10 FCDR 1702

From:  Fulton County Daily Report (06/04/2010).

Denial of husband’s motion to set aside judgment in parties’ divorce case and his motion for new trial, AFFIRMED 5-2; evidence presumably supported trial court’s ruling in absence of transcription, and in any event, wife, in her pro se response, directly challenged husband’s factual assertion that providential cause prevented him from attending divorce trial; absent transcription and in light of trial court’s order granting divorce based on ground that marriage was irretrievably broken, husband could not show harm from service of wife’s amended complaint, adding allegations of crueltry and audltery, only two days before trial.

Holmes v. Roberson-Holmes, S10F0130 (05/17/2010), 10 FCDR 1607

From:  Fulton County Daily Report (05/28/2010)

Judgment in parties’ divorce action, AFFIRMED; trial court did not err in entering final divorce decree, after listening to attorneys state, without contradiction from other side, what their evidence would show, if formally presented; husband’s contention that no evidence supported trial court’s judgment, rejected, since attorneys are officers of court, and their statements, in lieu of live testimony and other evidence, if not objected to,  serve same function as evidence.

Rank v. Rank, S10F0032 (05/03/2010), 10 FCDR 1527

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

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)

Denial of defendant’s motion to dismiss former husband’s petition for modification and temporary reduction of alimony to $3K per month, REVERSED; couple divorced in Cobb county in December of 2008, and settlement agreement required former husband to pay defendant monthly $4.2K alimony sum for 12 years, defendant moved to Cherokee county and filed contempt motion in Cobb county, which was heard in February 2009 and, thereafter, former husband filed instant petition for modification of alimony; trial court erred in failing to dismiss former husband’s action for improper venue, because proper venue in alimony-modifiaciton action is defendants county of residence.

Parris v. Douthit, S10A0165 (04/19/2010), 10 FCDR 1425

From:  Fulton County Daily Report (04/30/2010)

Denial of former foster parents’ petition to adopt minor, AFFIRMED; trial court did not err in holding that foster parents lacked standing to pursue adoption, because OCGA 19-8-5(a) provides for adoption, if living parents have voluntarily surrendered their rights in writing to third person pursuing adoption and, in this case, parents surrendered their rights to minor’s maternal grandmother; trial court did not err in disregarding OCGA 49-5-281, Foster Parent’s Bill of Rights, because trial court did consider foster parents throughout doption process and Department of Human Services has absolute discretion in adoption decisions; evidence supported trial court’s decision that it would be inminor’s best interest to remain at material grandmother’s house; previous appellate deicsion, holding that there was no evidence supporting finding that adoption by maternal grandmother was in minor’s best interest, did not demand finding that adoption by foster parent was in child’s best interest; foster parents’ argument based on OCGA 19-8-18(d) rejcted, because that section is based on peitions brought pursuant to OCGA 19-8-5, which was inapplicable.

Owen v. Watts, A10A0774 (04/13/2010), 10 FCDR 1448

From:  Fulton County Daily Report (4/13/2010)

Child support order AFFIRMED; trial court did not abuse its discretion under O.C.G.A. § 19-6-15 in ordering child support based on statutory formula, without applying discretionary parenting-time deviation; father failed to show that proportional amount of his parenting time constituted special circumstance, which would make presumptive amount of child support excessive or that child’s best interest would be served by subtracting from presumptive amount; father’s contention that trial court was required to issue findings to explain its reasoning in reaching its decision, REJECTED, since such finding are required only if trial court or jury decides to deviate from presumptive amount.

Hamlin v. Ramey, A08A0214 (04/04/08), 08 FCDR 1361.

From:  Fulton County Daily Report (04/25/08)

Judgment AFFIRMED in parties’ divorce action; trial court DID NOT abuse its discretion in awarding wife $50K in lump sum alimony, since evidence supported trial court’s findings regarding husband’s income level; trial court DID NOT abuse its discretion in determining that home in Tattnall county was wife’s separate property, since husband quitclaimed any interest he had in property to wife prior to their second marriage; trial court DID NOT abuse its discretion in awarding wife her retirement account, given trial court’s diligent separation of parties’ assets and overall asset distribution; trial court DID NOT err in calculating child support; evidence of husband’s adulterous acts during parties’ second marriage revived his prior acts during their first marriage as admissible evidence; trial court DID NOT abuse its discretion in awarding wife attorneys’ fees; husband had reasonable notice that trial court would consider wife’s contempt claims based on unpaid child support at divorce trial.

Wood v. Wood, S07F1474 (01/08/08), 08 FCDR 66

From:  Fulton County Daily Report (01/25/08)

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)