Grant of change of custody to father, AFFIRMED, as trial court did not err in admitting evidence of mother’s sexual infidelity; ample evidence supported trial court’s ruling that there was material change of condition warranting change in custody and no evidence showed that trial court considered any outside factors related to whether there was material change of condition; trial court did not abuse its discretion in modifying custody to grant father primary physical custody, because nothing showed that trial court’s ruling was based on anything other than child’s best interests; although trial court acknowledged that both parents were fit and nurturing and both had established loving relationship with child, trial court awarded custody to father, because mother planned to move to Fort Bragg with no family or support system, mother’s new husband was subject to deployment every three months for 10 years, while father lived in Missouri, where father had strong support system and where child had spent considerable time with father’s parents, while father was deployed or in training.

Fulton County Daily Report (10/23/09)

Mitcham v. Spry, A09A1859 (10/07/09), 09 FCDR 3244

Attorneys:  Stanley E. Dreimer Jr., Aaron B. Chausmer and Benjamin I. Fink

Judges:  Myra H. Dixon, Fulton State Court; Adams, Boyle, Mikell, Georgia Court of Appeals