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Christy Grailerv.Shannon Jones

CourtCourt of Appeals of Georgia
Docket No.A18A2101
DecidedMarch 6, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyCivil ProcedureStatutory InterpretationReversalVacaturRemand
Case Summary

Christy Grailer and Shanon Jones had joint legal custody of their child after a contentious series of custody-modification and contempt proceedings. The juvenile court later modified physical custody, denied Grailer’s contempt claim, granted Jones’s contempt claims, ordered child support, and awarded Jones attorney fees. On the second appeal, the Court of Appeals affirmed in part, reversed in part, vacated in part, and remanded. The record supported the custody ruling, but some contempt and fee rulings rested on the wrong legal basis. In particular, a statute authorizing fees in divorce and alimony contempt proceedings did not apply to contempt of a later custody order. The court also required the juvenile court to correct or reconsider matters that had not been supported by the required findings and statutory analysis. The disposition preserved the supported custody decisions while returning the remaining orders for a legally proper determination.

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