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Adame v. Hernandez

The trial court erred in modifying the father's existing child support obligation without making the required findings.

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This case arises from the trial court’s final order legitimating Jose Roberto Adame’s twin daughters. The trial court’s order also granted joint legal custody of the twins to Adame and their mother, Maria Hernandez; set out a detailed visitation schedule for both parents; and modified an existing child support order that was initiated through the Georgia Department of Human Resources Office of Child Support Enforcement “DHR”. Adame appeals from the denial of his motion for new trial, contending that the trial court erred in 1 awarding primary physical custody of the twins to Hernandez; 2 allowing the joinder of DHR as a necessary party; and 3 calculating his child support obligation. For the following reasons, we affirm the trial court’s award of custody and its finding that DRH was a necessary party to this case. We reverse the trial court’s child support award and remand this case with direction for the trial court to enter a child support award that includes written findings of fact with regard to the twins’ best interest.

When reviewing a child custody decision, this Court views the evidence presented in the light most favorable to upholding the trial court’s order. As we consider Adame’s claims, we are mindful that the Solomonic task of assigning the custody of children lies squarely upon the shoulders of the judge who can see and hear the parties and their witnesses, observe their demeanor and attitudes, and assess their credibility.

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