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Goyal v. Fifidara

The evidence supported the trial court's factual finding that the father had not established domicile in DeKalb County when his child's mother filed a custody modification petition in Gwinnett County.

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Ashok Goyal brings this appeal from the trial court’s denial of his motion to transfer these child custody modification proceedings from Gwinnett County to DeKalb County. Goyal argues that the trial court erred when it concluded that he had not established domicile in DeKalb County at the time the child’s mother, appellee Nimita Fifidara, filed the modification petition. We find no error and affirm.

Although domicile may be determined as a matter of law “when the evidence establishes a plain and palpable case,” it is “a mixed question of fact and law . . . where the evidence is in conflict.” Dozier v. Baker, 283 Ga. 543, 544 2 661 SE2d 543 2008. “When the trial court conducts a hearing and makes findings of fact on a motion to dismiss or transfer for improper venue, the findings of fact are tested by the any evidence rule.” Viskup v. Viskup, 291 Ga. 103, 104 1 727 SE2d 97 2012, citing Oglesby v. Deal, 311 Ga. App. 622 716 SE2d 749 2011.

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