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Donohoe v. Donohoe

The trial court based its rulings on the parties' petitions to modify child custody and visitation on an erroneous view of the law and consideration of matters outside the record.

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In these companion appeals, Michele Donohoe the “mother” appeals the trial court’s order denying her petition to modify custody of her two children and granting Jeffrey Donohoe’s the “father” petition to modify visitation. The mother contends that the trial court erred in considering matters not in the record; concluding that, as a matter of law, a custodial parent has a prima facie right to maintain custody in a modification proceeding;, and denying her petition for modification of custody. The mother also contends that the trial court abused its discretion in granting the father’s petition to restrict the mother’s visitation. We reverse and remand because the trial court’s judgment was based upon an erroneous view of the law and consideration of matters outside of the record.

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. See Mitcham v. Spry, 300 Ga. App. 386, 386-387 685 SE2d 374 2009. “When reviewing a child custody decision, this Court views the evidence presented in the light most favorable to upholding the trial court’s order.” Footnote omitted. Id. at 386.

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