Ofchus v. Isom
| Decision Date | 30 August 1999 |
| Docket Number | No. A99A1384.,A99A1384. |
| Citation | 521 S.E.2d 871,239 Ga. App. 738 |
| Parties | OFCHUS v. ISOM. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Turner, Turner & Turner, Nelson G. Turner, Atlanta, for appellant.
Darrel L. Hopson, Jonesboro, for appellee.
Appellant-defendant Sonya Deneen Ofchus, formerly Sonya D. Isom, and appellee-plaintiff Orlando Isom divorced in 1996. The superior court which granted the divorce approved the Isoms' settlement agreement and incorporated it in the final judgment and decree. The settlement agreement gave the parties joint custody of their minor daughter "as contemplated by OCGA § 19-9-6(2)," and gave primary physical custody of the child to her mother, Sonya Ofchus.
In 1998, following a bench trial, the superior court issued an order modifying custody by shifting primary physical custody of the child to Orlando Isom. We granted this discretionary appeal to review this order.
In the modification order, the superior court gave the following reason for giving primary physical custody of the parties' daughter to Orlando Isom:
[Sonya Ofchus] moved to the State of Virginia in May 1998. [She] took the minor child of the parties ... to Virginia with her in June 1998. [Her] relocation was over 500 miles from [Orlando Isom's] residence, the former marital residence. [Her] move to Virginia was solely for the advancement of her current husband's career. Said move effectively terminated any reasonable expectation of visitation of [Orlando Isom]. The Court finds said move is a change in circumstances materially and detrimentally affecting the welfare of the minor child.
In a subsequent order, the superior court amended its order modifying custody by finding the following additional facts: "( 1) the child has lived in the Atlanta, Georgia area all of her life until June, 1998, and (2) the child's half brother, maternal grandparents, paternal grandfather, aunts, uncles and cousins live in the Atlanta area, and no similar relatives live in Virginia." Held:
1. Sonya Ofchus contends that the superior court erred in changing the original custody decree to make Orlando Isom the primary physical custodian of the child, arguing the only change in circumstances was Sonya Ofchus's relocation from Georgia to Virginia and this does not amount to any finding of fact that Sonya Ofchus was unfit to continue as the primary custodial parent. We agree and reverse. Georgia law does not permit a modification of custody based solely on a custodial parent's relocation to another state. Moore v. Wiggins, 230 Ga. 51, 53(1), 55, 195 S.E.2d 404; Grubbs v. Dowse, 226 Ga. 763, 177 S.E.2d 237; Hirsh v. Dobb, 224 Ga. 130, 134(3)(b), 160 S.E.2d 386; Mercer v. Foster, 210 Ga. 546, 548(3), 81 S.E.2d 458; In the Interest of R.R., 222 Ga.App. 301, 305(3), 474 S.E.2d 12; Ormandy v. Odom, 217 Ga.App. 780, 459 S.E.2d 439.
...
To continue reading
Request your trial
-
Scott v. Scott, S02A1909.
...permit a modification of custody based solely on a custodial parent's relocation" to another home, city or state, Ofchus v. Isom, 239 Ga.App. 738, 739(1), 521 S.E.2d 871 (1999) or merely upon the custodial parent's remarriage. See Mercer v. Foster, 210 Ga. 546(3), 81 S.E.2d 458 (1954). Neve......
-
Bodne v. Bodne
...v. Graham, 249 Ga.App. 126, 128-129, 547 S.E.2d 343 (2001); Mahan v. McRae, 241 Ga.App. 109, 522 S.E.2d 772 (1999); Ofchus v. Isom, 239 Ga.App. 738, 521 S.E.2d 871 (1999) (cited in Scott, supra); Holt v. Leiter, 232 Ga.App. 376(4), 501 S.E.2d 879 (1998). Although they do not involve relocat......
- Mitchell v. State
-
Lewis v. Lewis
...sole or primary physical custodian. See, e.g., Mahan v. McRae, 241 Ga.App. 109, 112-113, 522 S.E.2d 772 (1999); Ofchus v. Isom, 239 Ga.App. 738, 739(1), 521 S.E.2d 871 (1999); Tenney v. Tenney, 235 Ga.App. 128, 129(1), 508 S.E.2d 487 (1998). In those cases, we held that the move alone was n......
-
Domestic Relations - Barry B. Mcgough and Gregory R. Miller
...Daniel v. Daniel, 250 Ga. App. 482, 552 S.E.2d 479 (2001); Lewis v. Lewis, 252 Ga. App. 539, 557 S.E.2d 40 (2001); Ofchus v. Isom, 239 Ga. App. 738, 521 S.E.2d 871 (1999); Mahan v. McRae, 241 Ga. App. 109, 522 S.E.2d 772 (1999); Holt v. Leiter, 232 Ga. App. 376, 501 S.E.2d 879 (1998); Grubb......
-
Domestic Relations - Barry B. Mcgough and Gregory R. Miller
...52. Scott, 276 Ga. at 374, 376, 578 S.E.2d at 878, 880 (citing Mercer v. Foster, 210 Ga. 546, 81 S.E.2d 458 (1954); Ofchus v. Isom, 239 Ga. App. 738, 521 S.E.2d 871 (1999)). 53. Id. at 376, 578 S.E.2d at 880. 54. O.C.G.A. Sec. 19-9-1(b) (1999); O.C.G.A. Sec. 19-9-3(b) (1999). 55. Mallette v......
-
Domestic Relations - Barry B. Mcgough and Gregory R. Miller
...239 Ga. App. 327, 519 S.E.2d 251 (1999). 22. 271 Ga. 306, 519 S.E.2d 438 (1999). 23. Id. at 308, 519 S.E.2d at 440. 24. Id. 25. Id. 26. 239 Ga. App. 738, 521 S.E.2d 871 (1999). 27. Id. at 740, 521 S.E.2d at 873. 28. Id. 29. Id. 30. Id. 31. Id. at 739-40, 521 S.E.2d at 873. 32. 241 Ga. App. ......