Medley v. Mosley

The trial court failed to apply the Child Support Guidelines when it awarded the father half of his proven child-related expenses for the time between the temporary and final custody orders.

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Venyke Medley appeals from the trial court’s final order, which awarded Justan Mosley Mosley, the father of her son, Justan, Jr. Justan, primary physical custody of Justan, and the trial court’s order on Mosley’s petition for contempt or to compel, which awarded Mosley $2,580 in back child support for the period of time prior to the entry of a support order. Medley appeals, arguing that 1 Fulton County Superior Court’s use of officers other than superior court judges in making custody decisions is unconstitutional; 2 the court’s decision to grant an emergency motion to modify custody from Medley to Mosley was an abuse of discretion because Medley was not present at the conference on the motion; 3 the superior court abused its discretion because a there was insufficient evidence to show that permanently giving Mosley primary custody was in Justan’s best interests, and b there was insufficient evidence that Medley’s failure to allow visitation with Mosley materially affected Justan’s welfare or was in his best interests; and 4 the trial court erred by awarding back child support to Mosley because a it was erroneous to award the support for a period of time prior to entry of a support order, and b Medley’s lack of income was not taken into account. We affirm in part, vacate in part, and remand the case for the reasons that follow.

The record shows that Mosley filed a legitimation action in Clayton County with regard to Justan, who was born in July 2008, and an order was entered in March 2012, which included a parenting plan awarding primary physical custody and support to Medley and visitation to Mosley. Thereafter, on July 9, 2013, Mosley filed the instant Petition for Modification of Child Custody, Child Support, and Visitation the Petition, alleging that Medley had been denying him visitation and interfering with his parental rights since entry of the March 2012 order.

Medley v. Mosley

The trial court failed to apply the Child Support Guidelines when it awarded the father half of his proven child-related expenses for the time between the temporary and final custody orders.

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