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Mullins-Leholm v. Evans

The trial court erred as a matter of law in considering the father's counterclaim for contempt because he improperly filed it in response to the mother's contempt petition.

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Brandi Mullins-Leholm, the mother of five-year-old B. E., appeals from an order of the Superior Court of Paulding County holding her in contempt, eliminating her unsupervised visitation with the child, and ordering her to pay attorney fees. She contends that the court erred in considering a counterclaim for contempt and modification of her visitation that the child’s father, Dustin Evans, filed in response to her contempt petition; that the court’s finding that she was in contempt resulted from its unauthorized consideration of the father’s counterclaim and evidence in support thereof; and that, as a result, the court’s order finding her in contempt and ordering her to pay the father’s attorney fees must be reversed. She also contends that the court erred in eliminating her unsupervised, weekday, and overnight visitation with her child. For the following reasons, we reverse the court’s order to the extent that it found the mother in contempt and ordered her to pay attorney fees, but affirm the court’s modification of her visitation rights.1

The record shows the following undisputed facts. On March 8, 2008, B. E. was born to Mullins-Leholm and Evans hereinafter, “mother” and “father,” respectively, who were not married. In an August 2010 consent order, the father legitimated B. E., and the parties agreed on child support, custody, and visitation provisions, with the father being named as sole legal custodian of the child.

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