Scott Cockerham v. Barbara Cockerham, A21A0553

Background:

Parents share joint custody; mother had primary physical custody per 2014 divorce decree; father had limited overnight visitation (Wednesdays and every other weekend).
Father filed a petition to modify parenting time seeking equal time; mother counterclaimed to increase child support (later resolved by consent increasing support to $3,500/month).
Parties consented to appointment of a guardian ad litem (GAL); consent order made father initially responsible for GAL retainer and invoices and permitted the court to re-apportion fees at case conclusion.
After trial the court modified father’s parenting time to Thursday-after-school through Monday-morning (not equal time), awarded mother attorney fees ($5,706 under OCGA §19-6-15(k) and $25,000 under OCGA §19-9-3(g)), and ordered father to pay ~ $5,100 outstanding GAL fees.
Father appealed, arguing (inter alia) the trial court failed to enter requested findings under OCGA §§ 9-11-52 and 19-9-3(a)(8), improperly denied a continuance and removal of the GAL, admitted hearsay, and violated his constitutional rights.

Issues:

Issue	Plaintiff's Argument (Father)	Defendant's Argument (Mother)	Held
Trial court failed to make requested findings of fact & conclusions of law (OCGA §§ 9-11-52 & 19-9-3(a)(8))	Order lacks specific findings on best interests factors and why equal parenting was denied	The court’s adverse-inference finding re: father’s profane emails (and the record) supplied adequate basis	Modification of parenting-time portion vacated; remanded for findings and conclusions as requested by father
Attorney-fee awards to mother under OCGA §§ 19-6-15(k) and 19-9-3(g)	Court failed to state factual findings supporting fee awards	Trial court cited statutory bases; mother presented billing records showing fees and reasonableness	Fee awards affirmed (statutory basis stated; record supports reasonableness)
Order requiring father to pay outstanding GAL fees	Objected to being required to pay GAL balance	Father signed consent order agreeing to pay GAL retainer/invoices and permitted court re-apportionment	Affirmed: consent order is binding; father cannot complain after acquiescing
Denial of continuance based on GAL’s late updates	Late GAL investigation updates were effectively surprise and required continuance	Father never properly moved for continuance and cannot show prejudice	No reversible abuse of discretion; claim fails for lack of preserved motion and shown harm
Motion to disqualify/remove GAL	GAL reopened investigation and excluded father from updates, creating bias/impropriety	Appointment order allowed GAL to investigate as he deemed appropriate; no shown prejudice	Denial of removal affirmed (no abuse of discretion and no demonstrated harm)
Constitutional and hearsay objections	Appointment of GAL and best-interests standard violate constitutional rights; hearsay improperly admitted	Constitutional issues not raised or ruled on below; no hearsay objection made at trial	Constitutional claims not considered (unpreserved); hearsay claim waived for failure to object; no reversible error

Key Cases Cited

Tirado v. Shelnutt, 159 Ga. App. 624 (1981) (trial court authorized to modify visitation without showing changed conditions)
Stanford v. Pogue, 340 Ga. App. 86 (2017) (periodic review and modification of visitation under OCGA § 19-9-3(b) without showing material change)
Gildar v. Gildar, 309 Ga. App. 730 (2011) (modification of visitation reviewed for abuse of discretion)
Warren v. Smith, 336 Ga. App. 342 (2016) (vacating custody/visitation order where requested findings were not entered)
Hall v. Hall, 335 Ga. App. 208 (2015) (remand required where statutory basis for fee award or supporting findings are absent)
Leggette v. Leggette, 284 Ga. 432 (2008) (trial court must make findings to support certain attorney-fee awards)
Gordon v. Abrahams, 330 Ga. App. 795 (2015) (trial court has broad discretion to award attorney fees under OCGA § 19-9-3)