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Murphy v. Murphy

The defendant properly filed a direct appeal from an order denying the plaintiff's motion to temporarily change physical custody of the parties' children and ratifying the status quo as to visitation and out-of-state travel, since it amounted to a refusal to change custody and thus fell within the ambit of O.C.G.A. § 5-6-34 a 11.

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Nancy Michelle Murphy appeals two orders entered in this custody modification action brought by her former husband, John Murphy. John Murphy has moved to dismiss the appeal. We find that we have jurisdiction to consider Nancy Michelle Murphy’s arguments regarding both orders, and we therefore deny John Murphy’s motion to dismiss the appeal. We hold, however, that Nancy Michelle Murphy’s challenges to the orders have no merit and find that she filed this appeal for purposes of delay. We therefore affirm and impose a frivolous appeal penalty.

Nancy Michelle Murphy and John Murphy were divorced in 2006. In 2012, John Murphy filed this action, seeking to modify the child custody provisions of the parties’ divorce decree. On August 23, 2013, the trial court entered an order that denied John Murphy’s motion to temporarily change physical custody of the children, holding that physical custody would “not be changed at this time,” and went on to ratify the status quo as to visitation and the parties’ ongoing practices as to out of state travel. The court held that, should the parties be unable to settle all issues in the case after a custody evaluation had been completed, then the court would conduct a final hearing on the issues of custody and parenting time before November 22, 2013. On September 10, 2013, the trial court entered an order denying Nancy Michelle Murphy’s motion to disqualify the guardian ad litem. On September 23, 2013, Nancy Michelle Murphy filed a notice of appeal, designating both the August 23, 2013 order and the September 10, 2013 order as the orders she was appealing.1

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