Cook v. Cook

The trial court trial court did not abuse its discretion in awarding the wife legal and physical custody of the parties' minor child based on the parties' lack of communication, even though the evidence showed that both parties were fit parents.

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We granted an application for discretionary appeal in this divorce case pursuant to this Court’s Family Law Pilot Project.1 Finding no error, we affirm the judgment entered below. Kenneth Ray Cook, husband, and Jennifer Marie Cook, wife, were married in 2003 and separated approximately four months later. Husband filed suit for divorce and the case was tried by the court sitting without a jury. Upon conclusion of the trial, the court granted the divorce and awarded wife custody of the couple’s minor son. Husband filed a motion for new trial. The motion was denied and this appeal followed.

1. Husband contends that the trial court erred by awarding wife legal and physical custody of the minor child because the evidence demonstrated he is the better parent. We disagree. This Court will not interfere with the decision of the trial court to award custody of a child to one fit and proper parent over another, unless the trial court abused its broad discretion. Urquhart v. Urquhart , 272 Ga. 548 1 533 SE2d 80 2000. It is not an abuse of discretion if there is any evidence to support the trial judge’s decision of which party shall have custody. Id.; Atkinson v. Atkinson , 160 Ga. 480 1 128 SE 765 1925. In this case, the evidence concerning the fitness of the parties was not altogether one-sided. There was evidence that husband was a good parent, but there was evidence that wife was a fit parent, too. It was not error for the trial judge to resolve conflicts in the evidence and award custody of the child to wife. Furthermore, the trial judge, while required to consider joint custody between fit and equally capable parents, was not required to award joint custody. Baldwin v. Baldwin , 265 Ga. 465, 465 458 SE2d 126 1995. In this case, the trial judge considered joint custody, but did not award it due to the parties’ lack of communication.

Cook v. Cook

The trial court trial court did not abuse its discretion in awarding the wife legal and physical custody of the parties' minor child based on the parties' lack of communication, even though the evidence showed that both parties were fit parents.

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