Fox v. Korucu
315 Ga. App. 851
| Ga. Ct. App. | 2012Background
- Divorced in 2002; Korucu had primary physical custody of their daughter A.K. with joint legal custody.
- 2004 order gave Fox final decision-making authority concerning A.K.'s education within Korucu's district.
- 2010 Korucu petitioned for modification seeking tie-breaking authority over A.K.'s education; Fox moved for summary judgment.
- Fox affidavit: A.K. attends public middle school in Korucu's district; A.K. in gifted program, high achievement, and Duke MAP program; Korucu allegedly seeks FSA for A.K.; Fox alleges this shows basic dispute over education.
- Korucu affidavits: A.K. unhappy, stressed, grades dropping; later statements highlight A.K.'s giftedness and favorable comparison at FSA; trial court denied summary judgment, finding possible material change; appellate court reviews de novo.
- Court affirmed denial of Fox’s motion; held genuine issues of material fact preclude summary judgment on whether education-related disagreement constitutes a substantial change in circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does disagreement over education qualify as a material change in circumstances? | Fox argues no; education disputes do not justify modification. | Korucu argues yes due to stress/grades and potential adverse effects. | There are genuine issues of material fact precluding summary judgment. |
| Are Korucu's affidavits contradictory, affecting the motion? | Fox argues inconsistency undermines reliability. | Affidavits considered together show non-contradictory evidence of change. | Affidavits read together are not contradictory; summary judgment still precluded by facts. |
Key Cases Cited
- Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (Ga. 1986) (construction of contradictory affidavits; not binding here)
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (Ga. App. 1997) (custody modification demonstrated by change in condition)
- Todd v. Casciano, 256 Ga. App. 631 (Ga. App. 2002) (absence of change in condition; caution against premature modification)
- 274 Ga. App. 405, 274 Ga. App. 405 (Ga. App. 2005) (reiterates standards for material change in custody context)
- 238 Ga. 328, 238 Ga. 328 (Ga. 1977) (early authority on custody and educational decisions)