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Brandenburg v. Brandenburg

The trial court abused its discretion in prohibiting the husband from exercising his visitation rights in the presence of his live-in girlfriend whether or not they married in the future.

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Appellant Kenneth Brandenburg appeals from the final judgment entered in the divorce action he brought against his wife, Pam Brandenburg. The parties married in 1976 and have six children, five of whom are minors. In 1995, appellant became intimately involved with another woman, Dana Pike, who lived out of state. Shortly after learning that his wife was pregnant with his sixth child, appellant moved Pike to Atlanta, where he leased and furnished an apartment for her. In January 1997, one-and-a-half months after the parties’ sixth child was born, appellant told appellee about his relationship with Pike, moved out of the home and filed for divorce. At the time of trial, appellant and Pike had been living together openly for two-and-a-half years, but the children had never seen her.

After a jury trial, the court issued a final judgment awarding appellant and appellee joint custody of the children with primary physical custody to appellee. Appellant was awarded visitation with the children but under the provisions of the final decree is precluded from exercising such visitation rights in the presence of Pike, even if they marry. Appellant was ordered to pay child support of $962 per month for each of the five minor children and, as additional child support, to contribute $200 per month into individual custodial accounts previously established for the children.

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