Gallo v. Kofler
289 Ga. 355
| Ga. | 2011Background
- Mother and Father were divorced in 2009, with joint legal custody and Mother named primary legal custodian.
- In April 2009 Mother notified she planned to move with the child to New York on July 1, 2009.
- Father filed a Complaint for Modification of Child Custody on June 3, 2009 seeking primary custody.
- The trial court granted a June 30, 2010 order awarding primary custody to Father after a hearing.
- The trial court concluded the change was in the child’s best interests and did not rely on a merely relocational trigger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether relocation plans justify a custody change. | Gallo contends relocation alone cannot drive a change. | Kofler argues best interests support a custody change given relocation-related factors. | Change to Father affirmed; best interests supported by circumstances. |
| Whether the court erred by not issuing written findings of fact. | No explicit request for findings was made. | Court was not required to issue findings without a request. | No error; findings not required absent request. |
Key Cases Cited
- Handley v. Handley, 204 Ga. 57, 48 S.E.2d 827 (1948) (Ga. 1948) (requires consideration of material changes in circumstances)
- Scott v. Scott, 276 Ga. 372, 578 S.E.2d 876 (2003) (Ga. 2003) (relocation alone not automatic basis for custody modification)
- Bodne v. Bodne, 277 Ga. 445, 588 S.E.2d 728 (2003) (Ga. 2003) (best interests govern relocation cases; no automatic custodial change)
- Parr v. Parr, 196 Ga. 805, 27 S.E.2d 687 (1943) (Ga. 1943) (best interests standard governs custody changes)