Vines v. Vines
292 Ga. 550
| Ga. | 2013Background
- Thomas Vines appeals a trial court order denying his modification motion and granting Anita contempt and fees; the 2007 custody order restricts Thomas’ visitation and requires therapy; Anita sought suspension and child support modification in 2011; Thomas sought more visitation and accused Anita of contempt; the court denied modification and granted Anita contempt; appellate review is for abuse of discretion and related issues; fee award grounded in contempt under OCGA 19-6-2; Dianna was added as a party in a separate step
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Modification of visitation—abuse of discretion | Thomas argues the court abused discretion by denying modification | Court weighed evidence of noncompliance and best interest | No abuse; denial affirmed |
| Interview of child | Thomas urged the court interview the child | Record shows no mandatory sua sponte interview | No reviewable error; court did not improperly deny interview |
| Attorney fees basis | Contends lack of statutory basis in order | Fees justified under contempt OCGA 19-6-2 | Affirmed; statutory basis found; no citation in order required |
Key Cases Cited
- Viskup v. Viskup, 291 Ga. 103 (Ga. 2012) (custody modification discretion; best interests standard)
- Haskell v. Haskell, 286 Ga. 112 (Ga. 2009) (deference to trial court on custody/visitation decisions)
- Horn v. Shepherd, 292 Ga. 14 (Ga. 2012) (fee awards in contempt proceedings; statutory basis acceptable)
- Killingsworth v. Killingsworth, 286 Ga. 234 (Ga. 2009) (clarifies fee award standards in family actions)
- Findley v. Findley, 280 Ga. 454 (Ga. 2006) (fee awards; detailed statutory basis considerations)