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Shotwell v. Filip

Evidence supported the trial court's findings that a material change of condition affecting the welfare of the child occurred and a change in custody was in the child's best interest.

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In these companion appeals, the biological mother and maternal grandmother of the minor child J. F. appeal the trial court’s order modifying a previous custody award and granting primary physical custody of the child to the biological father. Discerning no abuse of discretion by the trial court, we affirm. On appeal from a child custody decision, we view the evidence in the light most favorable to upholding the trial court’s order. Lynch v. Horton , 302 Ga. App. 597 692 SE2d 34 2010. So viewed, the record shows that the biological parents of J. F. married in August 1998 and resided in Georgia. J. F. was born on November 11, 2000, and he lived with both parents until their separation in March 2002, when he began living solely with his mother.

The parents divorced in July 2002. Under the parties’ settlement agreement incorporated into the final judgment and decree, the parents were granted joint legal custody of J. F., while the mother was granted primary physical custody. The father was granted weekend visitation with the child. The settlement agreement also provided that each parent was “entitled to complete, detailed information from any teacher or school giving instruction to the child . . . and was to be furnished with copies of all reports given by them to the other parent.” It further provided that each parent was “entitled to complete detailed information from any pediatrician, general physician, dentist, consultant, or other specialist attending the child, for any reason whatsoever, and was to be furnished with copies of reports given by the latter, or any of them, to the other parent.” Similarly, each parent was to “promptly notify the other in the event of any illness, accident, or other matter seriously affecting the child.”

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