The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Mark Aaron Warrenv.Melissa Paige Smith

CourtCourt of Appeals of Georgia
Docket No.A15A1716
DecidedMarch 23, 2016
Reporter302 Ga. App. 597
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyParental RightsAppellate ProcedureVacaturRemand
Case Summary

Mark Warren sought modification of custody and child support under a divorce decree awarding the parents joint legal and physical custody. He appealed after the trial court declined to award him primary physical custody and failed to provide findings of fact and conclusions of law that he had requested. The Court of Appeals left the child-support ruling undisturbed but vacated the portion denying the custody modification. Georgia law requires a material change affecting the child’s welfare before custody may be modified, followed by a best-interests determination. In a nonjury custody case, a party who timely requests findings and conclusions is entitled to them because they identify the trial court’s reasoning and permit meaningful appellate review. The record showed that Warren made the required request and did not withdraw it. The trial court therefore erred by entering the custody ruling without the requested findings. The court remanded for further proceedings consistent with its opinion and did not decide whether custody should ultimately change. The panel affirmed in part, vacated in part, and remanded; two judges concurred.

Opinion

Loading published copy…

The Far Side
Mark Aaron Warren v. Melissa Paige Smith — The Atlanta Gleaner