Custody Modification in Military Family
The Court of Appeals recently addressed a custody modification in a military family. In Mitcham v. Spry, the parents’ divorce settlement agreement provided that the parties would have “joint legal and physical custody, with each parent having the minor child for six months and the custodial parent having final decision making authority.” Mitcham v. Spry, 300 Ga. App. 386 (2009). At the time of the divorce both parents were in the military, so they agreed that the child would reside with his paternal grandparents in Missouri during the parents’ periods of active duty. Id. at 387.
After both parents separated from the military, the father filed a Petition for Modification of Custody and the trial court found that there had been a material change in circumstances warranting a change of primary physical custody to the father. Id. at 388. The mother appealed, arguing that the grounds upon which the trial court relied were equally weighted and, thus, custody should remain the same.
Upon review of the transcript and record, the Georgia Court of Appeals affirmed the ruling of the trial court. The Court of Appeals reiterated that the trial court must look at the best interests of the child in determining custody, which they did in this case. The transcript did show that “the trial court acknowledged that both parties were fit and nurturing parents; that both had established a loving relationship with the child; and that since the time of the divorce, the parties had shared equal custody of the child.” Id. at 390. However, the trial court found that the father had a strong support system by living near his family, and that the child had developed a strong bond with the paternal grandparents from spending so much time there while his parents were deployed. Id. Under the circumstances, the Court of Appeals agreed that these facts tipped the scales in favor of the father and that the trial court did not abuse its discretion in awarding the father primary custody.
