Trial court’s order awarding sole custody to father, AFFIRMED; trial court was presumably correct in allowing father to bring his petition for modification, because mother did not show that father’s petition was filed as prohibited counterclaim under O.C.G.A § 19-9-23(c); moreover, father’s petition bore a different case number than mother’s petitions and parties’ actions were filed almost simultaneously; doctrine of unclean hands does not apply in child custody cases and trial court was not required to retain custody with mother simply because father picked up minor from mother’s mother and step-father’s house; trial court DID NOT abuse its discretion in finding material change in circumstances affecting minor’s welfare, because mother left minor in her mother and step-father’s care for several months without notifying father and forged court order in attempt to take child away from father.

Lynch v. Horton, A09A1934 (3/03/10), 10 FCDR 638

From the Fulton County Daily Report – 3/19/2010