Johnson v. Ware, 313 Ga. App. 774

Two divorced parents dispute custody and visitation for their child; no divorce decree/settlement in record.
Ware filed a 2009 action seeking modified visitation and a specific parenting plan; Johnson counterclaimed for custody changes.
Ware later amended to seek primary physical custody; Johnson reasserted custody in a separate action.
The two actions were tried together by agreement, but there is no trial transcript available.
The court awarded Ware primary physical custody with a detailed parenting plan and Johnson visitation; Johnson’s action was denied on custody and contempt.
Post-trial, Johnson filed multiple motions; in 2011, the court denied a Narrative Transcript and issued findings; Johnson appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly modified custodial rights	Johnson argues the court impermissibly modified his custody	Ware contends modification was permissible under the pleadings	No reversible error due to lack of record and pleadings not fully shown
Whether the trial court properly admitted all evidence	Johnson claims trial court excluded evidence	No transcript to verify exclusion; witnesses discussed were redundant	Record insufficient to show error; no proven exclusion of testimony
Whether child-support findings complied with OCGA	Johnson disputes missing child support worksheet and outside-tuition payments	Ware concedes deficiencies; deviations require explanation	Remand for proper findings and compliance with child-support guidelines

Holloway v. Holloway, 288 Ga. 147 (Ga. 2010) (mandatory findings under child-support guidelines where applicable)
Turner v. Turner, 285 Ga. 866 (Ga. 2009) (mandatory findings; deviations in tuition require explanation)
White v. Regions Bank, 275 Ga. 38 (Ga. 2002) (exclusion of cumulative evidence not an abuse of discretion)
Roberts v. Windsor Credit Svcs., 301 Ga.App. 393 (Ga. App. 2009) (burden to show error by record; lack of transcript defeats appeal)