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Sadler v. Rigsby

Because the trial court failed to issue findings of facts related to its ruling on custody and child support as the Court of Appeals had directed it to do on remand, the Court vacated that portion of the trial courts judgment on the issue of child support and remanded the case for further proceedings consistent with its opinion.

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Barnes, Presiding Judge.   This is the second appearance of this case in this Court. In Sadler v. Rigsby, 338 Ga. App. 549 (790 SE2d 639) (2016), following the denial of his motion for new trial, Benjamin Ryan Sadler appealed the dismissal of his petition to modify custody. This Court agreed with his contention that the trial court erred in denying his request that it issue findings of fact and conclusions of law, and vacated the judgment and remanded the case for further proceedings. Id. at 551 (1). Subsequently, on remand, the trial court issued a second final order denying Sadler’s petition to modify custody, in which it included findings of facts and conclusions of law. Sadler appeals, contending that the trial court erred by excluding admissible evidence, improperly restricting witness testimony and by ignoring un-refuted evidence. Sadler also contends that the trial court erred by refusing to modify child support, and by failing to include in its order the findings of facts ordered by this Court in the previous case.A trial court is authorized to modify an original custody award upon a showing of new and material changes in the conditions and circumstances substantially affecting the interest and welfare of the child. Any change in custody is subject to the trial court’s discretion based on the best interests of the child. We view the evidence in favor of upholding the trial court’s order and will affirm if there is any reasonable evidence to support the decision.

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