Timothy Lamar Warbingtonv.Paige Mercedes Bankston
On his cross-appeal in a consolidated custody dispute, Timothy Warbington challenged an order giving him primary physical custody of his ten-year-old daughter beginning in January 2013 but automatically returning her to her mother 18 months later and increasing his child-support obligation at that time. He also challenged the trial court’s failure to rule on his request for attorney fees and guardian ad litem costs. The Court of Appeals held that custody could not automatically shift in summer 2014 without a contemporaneous assessment of the child’s best interests based on the circumstances then existing. It vacated the automatic return provision and related child-support award, remanding for an evidentiary hearing to determine whether and for how long primary custody should remain with the father, with child support to be addressed after custody. The court also held that the trial court erred by failing to consider the father’s timely written request for fees and costs incurred through trial. It vacated the fee order and remanded for an evidentiary hearing and any findings needed to support an award. In the companion appeal, the court affirmed the initial transfer of primary custody to the father.
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