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Rose v. Rose

The trial court did not clearly abuse its discretion in awarding primary physical custody of the parties' child to the husband.

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Bruce and Latosha Rose were married in 2003. They have one child who was born in 2007. The couple lived in Gwinnett County and the child attended school there until 2012 when the couple separated. After the separation, wife moved to Henry County to be near her sister’s family and took the child with her. Shortly thereafter, wife filed a complaint for divorce against husband in Gwinnett County.

At a temporary hearing held in August 2012, husband agreed that wife would have primary physical custody of the child. A temporary order was entered giving primary physical custody to wife and stipulating that the child would attend school in wife’s school district. The parties were given joint legal custody and directed to confer with one another on all matters pertaining to the well-being of the child. Following the entry of the temporary order, the child attended an elementary school in Henry County, the wife’s school district.

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