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Adams v. Carver

The Court refused to substitute its judgment for the trial court's when the mother's only enumeration of error was that the trial court should have weighed the evidence of the father's alcohol abuse and violent nature more heavily against him a custody dispute.

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On appeal from the trial court’s award of primary physical custody to Dale Carver, the father of the child at issue, the mother Pamela Adams argues that the trial court abused its discretion in making the award. We find no error and affirm.

“A judge at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate.” OCGA § 19-9-3 a 1. “The duty of a judge in custody cases shall be to exercise discretion to look to and determine solely what is for the best interest of the child and what will best promote the child’s welfare and happiness and to make his or her award accordingly.” Id. at a 2. “We will affirm a trial court’s decision on a petition to change custody if there is any reasonable evidence in the record to support it. When reviewing a child custody decision, this Court views the evidence presented in the light most favorable to upholding the trial court’s order.” Punctuation and citation omitted. Lynch v. Horton, 302 Ga. App. 597 692 SE2d 34 2010.

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