This appeal arises out of a dispute between divorced parents over the particulars of custody and visitation relating to their child. The father appeals from trial court orders that, among other things, purported to modify the father’s custody rights even though the mother, in her pleadings, sought changes only to the father’s visitation schedule. We have consolidated two cases for the purpose of appeal. The record shows the following basic facts. On February 10, 2004, Amanda L. Ware and Kenneth A. Johnson had a child, but by December 6, 2006, they were divorced. Neither the divorce decree nor the settlement agreement is in the record. In August 2009, Ware filed a complaint the “Ware Action” in which she alleged that there had been a change in circumstances materially affecting the welfare of the child, and she requested that visitation be modified to include a parenting plan “that is specific and not open to debate regarding the parties’ custodial time.” Johnson answered and counterclaimed, seeking, among other things, to have primary physical custody placed with him. In October, Ware amended her complaint to seek a change or clarification of custody, as well; she requested that the court “declare or clarify her as the Primary Physical Custodian” of the child. But both parties then withdrew their claims for modification of custody from the Ware Action. Johnson reasserted his request for a change of custody in a separate action the “Johnson Action”. In her answer in that action, Ware alleged that “it is in the best interests of the child for her to have primary physical custody but to change the current visitation schedule to provide that the child is with her during the school week.” In a prayer for relief, she requested that “she be awarded such other and further relief as the Court deems appropriate.”
By agreement of the parties, the two matters were tried together. See OCGA § 9-11-42 a. The trial took place on January 12, 2010 and February 8, 2010, but Johnson elected not to request a takedown and there is no transcript in the record.
