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James W. Lacyv.Emily C. Lacy

CourtCourt of Appeals of Georgia
Docket No.A12A2261
DecidedMarch 25, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyParental RightsCivil ProcedureAppellate ProcedureFirst AmendmentFree SpeechVacaturRemand
Case Summary

James and Emily Lacy’s divorce produced three consolidated appeals involving temporary custody, judicial recusal, attorney fees, contempt-related restrictions, and social-media conduct. The Georgia Court of Appeals held that the trial judge did not abuse discretion by denying an emergency custody change after the evidence showed only that Emily smelled of alcohol, not that she was impaired. The court also upheld temporary limits on James’s contact with the children, rejected challenges to the judges’ qualifications and recusal rulings, and held that the appellate court could review the interlocutory custody orders directly. One attorney-fee award was vacated because the trial court did not identify the statutory basis for the award or make the findings required to support it; that issue was remanded for further proceedings. The court affirmed the remaining orders, including denial of a new-trial hearing because the underlying custody challenge had already been resolved on direct appeal. It also upheld orders restricting both parents from posting derogatory statements about each other or the divorce on social-media websites. The court reasoned that a divorce court may impose such protective conditions during an ongoing custody dispute. The consolidated judgment was therefore affirmed in part, vacated in part, and remanded with direction.

Opinion

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James W. Lacy V. Emily C. Lacy — The Atlanta Gleaner