Ormandy v. Odom, A95A0366
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | JOHNSON; BIRDSONG, P.J., and SMITH |
| Citation | 217 Ga.App. 780,459 S.E.2d 439 |
| Parties | ORMANDY v. ODOM. |
| Docket Number | No. A95A0366,A95A0366 |
| Decision Date | 23 June 1995 |
Leaphart & Johnson, J. Alvin Leaphart, Jesup, for appellant.
Robert B. Smith, Jesup, for appellee.
When the Ormandys divorced in 1989, the court awarded permanent custody of their two children to the father. In 1994, after learning that the father's employer was transferring him to Illinois, the mother filed a petition for change of custody claiming there were material changes of conditions affecting the welfare of the children. The trial court granted her petition and we granted the father's application for discretionary appeal.
1. In two enumerations of error, the father contends the trial court erred in finding a material change of condition impacting the welfare of the children and warranting a change of custody. The court based its decision on its findings that the children were closer emotionally to their mother, that the mother's financial, social and emotional situation improved substantially since the divorce, and that the mother and the paternal grandparents, all residents of Wayne County, were the children's primary source of nurture and security. The court concluded that moving the children to Illinois would cause them substantial distress and emotional trauma.
(Emphasis in original.) In re M.M.A., 166 Ga.App. 620, 625(2), 305 S.E.2d 139 (1983). Although trial courts have wide discretion in change of custody proceedings, there are limits to that discretion. Bisno v. Bisno, 238 Ga. 328, 232 S.E.2d 921 (1977). We find that the trial court abused its discretion in this case and reverse.
The record in this case is completely devoid of evidence that the father is no longer able or suited to retain custody of the children. In fact, the court states in its order that the father is "responsible and caring" and that there is "no significant failure or culpability on his part in so far as the care of the children are concerned, [but that] there is a closer identity with the mother on an intimate, emotional level." Nor is there any evidence that conditions surrounding the children have so changed that modifying the custody award would promote the children's welfare. The only change in the conditions surrounding the children is that the father remarried in 1993 and moved out of state. Relocating and remarrying are not in and of themselves sufficient changes in conditions to authorize a change in custody. See Bisno, supra at 329, 232 S.E.2d 921; Stout v. Pate, 209 Ga. 786, 787(1), 75 S.E.2d 748 (1953); compare Fortson v. Fortson, 152 Ga.App. 326, 327-328(4), 262 S.E.2d 599 (1979).
Furthermore, there is no evidence in the record that the change is for the worse. The trial court states in its...
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Mahan v. McRae, A99A0829.
...715, 716, 409 S.E.2d 275 (1991). An award of custody vests in that parent the prima facie right of continued custody. Ormandy v. Odom, 217 Ga.App. 780-781(1), 459 S.E.2d 439 (1995); Hill v. Rivers, 200 Ga. 354, 357, 37 S.E.2d 386 (1946). "This judgment, however, is not conclusive, except as......
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Scott v. Scott, S02A1909.
...a child but they do not automatically warrant a change in custody. Mercer, supra, 210 Ga. at 548(3), 81 S.E.2d 458; Ormandy v. Odom, 217 Ga.App. 780, 781, 459 S.E.2d 439 (1995). There are situations, such as the remarriage of a custodial parent to a loving stepparent or the relocation of re......
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Bodne v. Bodne, S03G0275.
...evidence of a substantial change in a material condition affecting the welfare of [277 Ga. 446] the children, see Ormandy v. Odom, 217 Ga.App. 780(1), 459 S.E.2d 439 (1995), where one parent is designated as the primary physical custodian and moves out of state the relocation alone cannot c......
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Holt v. Leiter, A98A0520.
...S.E.2d 484 (1974). 10. Young v. Young, 216 Ga. 521, 522, 118 S.E.2d 82 (1961). 11. OCGA § 19-9-1(a)(1) (Supp.1997). 12. Ormandy v. Odom, 217 Ga.App. 780, 781(1), 459 S.E.2d 439 13. Blackburn v. Blackburn, 168 Ga.App. 66, 71(1), 308 S.E.2d 193 (1983); Haralson, supra, 237 Ga. at 258, 227 S.E......