Novlett Angela Salmon-Davis “Wife” appeals her final judgment and decree of divorce from Xavier Davis “Husband”.1 She challenges the trial court’s awards of child custody, child support, and fees to the guardian ad litem “GAL”. For the reasons which follow, we affirm. The parties were married in July 1997, and have three minor sons, twins, age 12, and a younger brother, age 10. The Wife is employed as a teacher, and the Husband is self-employed as an independent information technology consultant. The Wife filed the petition for divorce on February 7, 2006; the petition stated that she was entitled to sole physical custody of the three children, but that she was willing to share legal custody of them and for the Husband to have reasonable visitation. On March 21, 2006, the Husband filed an answer and counterclaim for divorce, in which he agreed to joint legal custody, with the Wife having primary physical custody of the children if the Wife was “willing to complete counseling and anger management therapy.” Subsequently, the Husband filed motions for the appointment of a GAL and for a psychiatric evaluation of the Wife, asserting that the children had expressed the desire to live primarily with him and that he was the proper parent to have temporary and permanent legal and physical custody of the children. The Husband also filed an amended counterclaim for divorce in which he requested permanent primary physical custody. A GAL was appointed and filed his report to the court on June 6, 2008. The GAL recommended, inter alia, that the Husband have primary physical custody of the children. Following a three-day bench trial, at which the GAL testified, the trial court entered the final judgment and decree of divorce on August 18, 2008, awarding joint legal custody of the children to the parties with primary physical custody to the Husband. At that time, the Husband was living in Denver, Colorado2 and the trial court ordered that the parties were to share equally the cost of transporting the children for their visitation, and that each party would be responsible for one-half of the $5,208 fee due the GAL.
1. Citing Bodne v. Bodne , 277 Ga. 445 588 SE2d 728 2003, the Wife contends that the trial court abused its discretion in adopting the GAL’s report and recommendation that the Husband be granted primary physical custody of the minor children without considering the impact on the children of the Husband’s out-of-state move. She complains that the GAL’s recommendation was motivated more by punishing her for her lack of cooperation in his investigation than by the children’s best interests and that rather than applying Bodne in making the custody determinations, the trial court awarded the Husband custody because of her refusal to work with the GAL, her alleged interference with the Husband’s visitation, and her alleged failure to cooperate in the sale of the marital residence.
