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Ezunu v. Moultrie

The visitation provisions in the trial court's child custody order, which provided that visitation with the father would be phased in as the children's therapist deemed appropriate, constituted a self-executing change of visitation that impermissibly abdicated the trial court's duty to determine the best interests of the children.

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Ndoumbe Moultrie the mother filed this action in the Superior Court of Fulton County against Ifeanyi Ezunu the father for modification of custody of the parties’ two minor children, U. M. E. and A. J. E. After a bench trial, the trial court awarded the mother sole legal and physical custody of the children. The judgment provided no visitation for the father, but provided that visitation would be phased in as deemed appropriate by the children’s therapist. The father appeals, contending that the trial court erred in adopting the recommendations of the court-appointed guardian ad litem. In addition, the father contends that the visitation provisions of the judgment constitute a self-executing change of visitation which impermissibly abdicates the trial court’s duty to determine the best interests of the children. For the reasons explained below, we reverse in part and remand the case to the trial court with direction that the court strike the portion of the judgment that provides for changes in the father’s visitation privileges without judicial scrutiny into the children’s best interests.

The record shows the following. U. M. E. was born on August 29, 2002, and A. J. E. was born on December 26, 2004. The father filed a petition in the Superior Court of Muscogee County to legitimate the children, which was granted. In an order entered November 6, 2012, the Muscogee court awarded the parents joint legal custody, awarded physical custody to the father, and provided visitation for the mother.

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