Bodne v. Bodne, A02A1380.
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | Warner, Mayoue & Bates, John C. Mayoue, Atlanta, Pamela J. Gray, Hope C. Allen, for appellant |
| Citation | 257 Ga. App. 761,572 S.E.2d 95 |
| Parties | BODNE v. BODNE. |
| Docket Number | No. A02A1380.,A02A1380. |
| Decision Date | 08 October 2002 |
572 S.E.2d 95
257 Ga. App. 761
BODNE
v.
BODNE.
No. A02A1380.
Court of Appeals of Georgia.
October 8, 2002.
Warner, Mayoue & Bates, John C. Mayoue, Atlanta, Pamela J. Gray, Hope C. Allen, for appellant.
James M. Allison, Jr., Douglasville, for appellee.
MILLER, Judge.
David Jerome Bodne appeals from the trial court's order granting his ex-wife's claim to become the primary physical custodian of their two minor children after he moved to Alabama. On appeal he contends that the trial court erred by awarding primary custody to his ex-wife, because, as the primary physical custodian of the children at the time
The record reveals that the parties were divorced in December 1999 and agreed to an arrangement of joint legal custody of their two children, with the father being designated as the children's primary physical custodian: "The parties shall have joint legal custody with Husband having primary physical custody of the aforesaid minor children.... The parties agree to share the children an equal amount of time, including the holidays. The parties anticipate rotating the children between the parties every two weeks." The agreement also provided that Bodne would be responsible for maintaining the children's medical and dental insurance and paying all expenses for the children's clothing and extracurricular activities.
Bodne remarried and in March 2001 informed his ex-wife that he planned to move with the children to Alabama. Bodne then filed a petition to modify his ex-wife's visitation schedule to accommodate the upcoming move. Bodne's ex-wife filed a counterclaim, seeking primary physical custody of the children. She argued that Bodne's move constituted a substantial change in a material condition sufficient to warrant a change in custody. Bodne moved to Alabama with his new wife and the two children in June 2001.
At the hearing on Bodne's motion to modify visitation, Bodne presented testimony that the children were doing well in school and [257 Ga. App. 762] were adjusting very well to their new home. Bodne's ex-wife presented evidence that she had sought treatment for, and overcome, her substance abuse problem and was happily...
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Bodne v. Bodne, No. S03G0275.
...and moves out of state the relocation alone cannot constitute a sufficient change in condition to modify custody. Bodne v. Bodne, 257 Ga.App. 761, 572 S.E.2d 95 (2002). We granted Ms. Bodne's petition for writ of certiorari to determine what weight should be given a custodial parent's move ......
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Infinite Energy v. GEORGIA PUBLIC SERVICE, No. A02A1177.
...the record and find that there is more than sufficient evidence supporting the superior court's affirmance of the Commission's decision.8 572 S.E.2d 95 Judgment BLACKBURN, C.J., and MILLER, J., concur. [257 Ga. App. 761]-------- Notes: 1. OCGA § 46-4-150 et seq. 2. Municipal Elec. Auth. &c.......
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Bodne v. Bodne, No. A02A1380.
...Bodne v. Bodne, 277 Ga. 445, 588 S.E.2d 728 (2003), the Supreme Court of Georgia reversed the judgment of this Court in Bodne v. Bodne, 257 Ga.App. 761, 572 S.E.2d 95 (2002). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our Judgment affirmed. BLACKB......
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Bodne v. Bodne
...and moves out of state the relocation alone cannot constitute a sufficient change in condition to modify custody. Bodne v. Bodne, 257 Ga.App. 761, 572 S.E.2d 95 (2002). We granted Ms. Bodne's petition for writ of certiorari to determine what weight should be given a custodial parent's move ......
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Infinite Energy v. GEORGIA PUBLIC SERVICE, A02A1177.
...the record and find that there is more than sufficient evidence supporting the superior court's affirmance of the Commission's decision.8 572 S.E.2d 95 Judgment BLACKBURN, C.J., and MILLER, J., concur. [257 Ga. App. 761]-------- Notes: 1. OCGA § 46-4-150 et seq. 2. Municipal Elec. Auth. &c.......
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Bodne v. Bodne, No. A02A1380.
...Bodne v. Bodne, 277 Ga. 445, 588 S.E.2d 728 (2003), the Supreme Court of Georgia reversed the judgment of this Court in Bodne v. Bodne, 257 Ga.App. 761, 572 S.E.2d 95 (2002). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our Judgment affirmed. BLACKB......