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Bankston v. Lachman

O.C.G.A. § 5-6-34 subsection d does not authorize an appellant to revisit an unappealed final disposition in a contempt proceeding that is ancillary to a child custody case.

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The father of a girl, now six years old, brings this appeal from a trial court’s order on a petition by the child’s mother. The trial court suspended the father’s visitation rights and found him in contempt for failing to pay child support.1 The father argues that the trial court erred when it suspended his visitation rights and also asserts four errors as to a previous order denying his own motion for contempt. The evidence supported the trial court’s suspension of the father’s visitation rights, and we lack jurisdiction as to the previous order. We therefore affirm.

The record shows that the parties’ February 2009 divorce decree granted the father four hours of visitation per week until the child began kindergarten, and every other weekend after that time. As part of the parties’ ongoing dispute over enforcement of the divorce decree’s visitation and child support provisions, one of which resulted in a June 2011 adjudication of contempt against the father for failure to pay child support, the father moved for contempt in July 2012. After a hearing, and in an order dated September 18, 2012, the trial court denied the father’s motions to recuse the judge, for contempt, and to set aside two February 2012 orders on visitation.

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