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Gerald K. Johnson, Jr.v.Diane Johnson

CourtCourt of Appeals of Georgia
Docket No.A18A1654
DecidedMarch 5, 2019
Reporter282 Ga. 441
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyDue ProcessAppellate ProcedureReversalRemand
Case Summary

A divorce decree gave Gerald Johnson parenting time with his adult son, who had Down syndrome, and required the parents to share support responsibilities. Diane Johnson later sought contempt, alleging that Gerald failed to exercise visitation and pay caretaker costs. The trial court found Gerald in contempt and ordered him to pay most caretaker expenses. The Court of Appeals affirmed the cost award but reversed the contempt finding. A parenting provision stating that Gerald was entitled to visitation did not command him to exercise it, so failing to use the visitation opportunity did not violate the decree. The trial court could require him to contribute to caretaker costs incurred during times when he had been granted visitation because that obligation was part of the support agreement, not a punishment for declining visitation. The appellate court could not review Gerald’s challenge to the amount because the hearing was not transcribed and the exhibits were unavailable; in that circumstance, the evidence was presumed sufficient.

Opinion

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Gerald K. Johnson, Jr. V. Diane Johnson — The Atlanta Gleaner