Trotter v. Ayres
315 Ga. App. 7
| Ga. Ct. App. | 2012Background
- Trotter, divorced in 2006 in Virginia, sought in 2009 to change custody of the child from Ayres to herself in Georgia.
- Paternal grandparents Ayres, Sr. and Teresa Ayres, intervened as party defendants.
- After a two-day evidentiary hearing in August 2011, the trial court awarded custody to the grandparents with mother’s visitation rights.
- Trotter, proceeding pro se, appealed the final custody order.
- The court applied the standard from OCGA § 19-7-1(b.1) based on Clark and Galtieri, finding the child’s best interests favor custody by the grandparents, supported by clear and convincing evidence of potential harm to the child if custody remained with the mother.
- The trial court relied on testimony from the custody evaluator, guardian ad litem, and other witnesses to reach its conclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for third-party custody overruling a parent | Trotter argues trial court used wrong standard. | Grandparents contend OCGA § 19-7-1(b.1) and Clark/Galtieri standard apply. | Court applied correct standard under OCGA § 19-7-1(b.1). |
| Effect of missing transcript on appellate review | Arguments should be reviewed despite lack of transcript. | No preserved transcript means presumption of correctness stands. | Record lacks transcript; affirm the trial court’s ruling as supported by the record. |
| Custody evaluation procedure and testimony | Evaluation/report timeliness and deposition testimony should bar consideration. | Court has discretion to order and consider custody evaluations; deposition admissible. | No reversible error; court acted within discretion; no harm shown. |
| Grandparents' intervention and trial court rulings on it | Intervention by grandparents was improper? or not properly ruled upon. | Intervention properly authorized; court ruled on dismissal motion and proceeded. | Trial court properly allowed intervention; ruling on motion to dismiss upheld. |
Key Cases Cited
- Clark v. Wade, 273 Ga. 587 (2001) (sets the 18-7-1(b.1) framework in custody disputes with grandparents)
- Galtieri v. O'Dell, 295 Ga.App. 797 (2009) (applies OCGA § 19-7-1(b.1) framework for third-party custody)
- Rowe v. Rowe, 195 Ga.App. 493 (1990) (custody evaluation and court discretion in family disputes)
- Gottschalk v. Gottschalk, 311 Ga. App. 304 (2011) (court may compel psychological custody evaluation)
- In the Interest of B.B.S., 253 Ga.App. 119 (2001) (burden on appellant to show harm and error by record)