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Carr-MacArthur v. Carr

A custodial parent's voluntary surrender of physical custody can constitute a material change in conditions warranting a change of custody.

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Annie Carr-MacArthur “Mother” appeals from the superior court’s grant of a change in child custody and child support in regard to her minor child. For the reasons that follow, we affirm in part, reverse in part, and remand the case to the trial court for further proceedings.

Mother and Christopher Carr “Father” were married in 2004; the only child of the marriage was born in 2005. The couple were divorced on June 2, 2009, and the incorporated settlement agreement gave the parties joint legal custody of the child, with primary physical custody to Mother, who had just moved to Florida; Father, who is in the Air Force, remained in Georgia, where he is currently based. At the time of the divorce, Mother had certain physical and mental health issues, of which Father was aware, and that he believed to be manageable.

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