Peri Vaughn filed this action in the Superior Court of Murray County against her ex-husband, Joshua Stafford, seeking a modification of custody of the parties’ child. Following a bench trial, the court found that Vaughn failed to show that there had been a change in any material conditions or circumstances and denied Vaughn’s petition. Vaughn appeals, contending that the trial court abused its discretion in finding she failed to show a change in condition sufficient to justify a modification of custody. For the reasons explained below, we affirm. Georgia’s Domestic Relations Code authorizes a trial court to modify a child custody award “based upon a showing of a change in any material conditions or circumstances of a party or the child.” OCGA § 19-9-3 b; see also Saravia v. Mendoza , 303 Ga. App. 758, 764 4 695 SE2d 47 2010 “A petition to change child custody should be granted only if the trial court finds that there has been a material change of condition affecting the welfare of the child since the last custody award.” citation and punctuation omitted. “In determining whether a material change of condition has occurred, the trial court is vested with a discretion which will not be controlled by this court absent abuse.” Citation and punctuation omitted. Burger v. Krueger , 224 Ga. App. 179 480 SE2d 230 1996. Whether there are changed conditions affecting the welfare of the child which will warrant changing custody is a fact question, and the trial court’s decision will be upheld if there is any reasonable evidence to support it. Saravia v. Mendoza , 303 Ga. App. at 764 4; Burger v. Krueger , 224 Ga. App. at 179.
In the trial court’s order denying Vaughn’s petition for modification of custody, the court noted that it considered the evidence heard during the final hearing on August 17, 2009, but the record does not contain a transcript of that hearing or an acceptable substitute for such, as provided in OCGA § 5-6-41 g and i. Consequently, this Court must assume that the trial court’s findings of fact are supported by the evidence. Burger v. Krueger , 224 Ga. App. at 179 “The burden is on the party alleging error to show it affirmatively by the record. When the burden is not met, the judgment complained of is assumed to be correct and must be affirmed.” citation and punctuation omitted; Renshaw v. Feagin , 199 Ga. App. 148, 151 3 404 SE2d 457 1991 “In the absence of a transcript or other appropriate substitute, an appellate court is bound to assume that the trial court’s findings are supported by sufficient competent evidence, for there is a presumption in favor of the regularity of all proceedings in a court of competent jurisdiction.” citations and punctuation omitted.
