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Willis v. Willis
288 Ga. 577
Ga.
2011
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Background

  • Carl J. Willis II and Kimberly Spence Willis married September 9, 2006 and separated April 2008.
  • Husband filed for divorce in March 2009; judgment and decree entered January 6, 2010; decree incorporated a marital-home agreement and no spousal support.
  • Trial court awarded shared joint legal and physical custody of their sole child with alternate weekly physical custody; designated Husband as non-custodial for child-support calculations.
  • Trial court set Husband's income at $4,166 and Wife's at $2,333; Wife paid $208 health insurance for the child; Husband to pay $961 monthly child support and share uninsured health expenses evenly.
  • Decree required parental consultation on major decisions and use of a co-parenting counselor if impasses occurred; Wife authorized to make non-emergency health and religious decisions; Husband to make education and extracurricular decisions.
  • Decree included drug-testing for Husband (hair follicle tests) and awarded $7,000 attorney fees to Wife.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the child-support deviation for parenting time was warranted Willis argues the trial court erred by not deviating from presumptive support. Willis contends deviation is required due to joint custody. No deviation; court found no basis to justify deviation.
Whether the drug-testing condition was supported by evidence Willis contends testing lacks evidentiary support of current usage. Willis notes incidental evidence of past drug use; trial court had discretion to require testing. Court did not abuse discretion; testing permitted.
Whether joint physical custody was supported and in the child's best interests Wife challenges joint custody as unsupported and not in child's best interests. Trial court found both parents suitable with good relationships and housing; recommended joint custody. Joint physical custody affirmed; supported by evidence and best-interests finding.
Whether final decision-making authority appropriately allocated to Husband Wife argues allocation to Husband was improper given his purported lack of prior decisions. Trial court weighed duties to confer and required consultation; authority assigned after consideration. Discretion affirmed; authority to Husband upheld with appropriate safeguards.

Key Cases Cited

  • Turner v. Turner, 285 Ga. 866 (2009) (requires statutorily grounded findings for parenting-time deviations)
  • Baldwin v. Baldwin, 265 Ga. 465 (1995) (due consideration to feasibility of joint custody in decision-making)
  • Patterson v. State, 233 Ga. 724 (1975) (record accuracy resolved by trial court when challenged)
  • Wright v. Wright, 277 Ga. 133 (2003) (pilot project granting discretionary appeals in divorce judgments)
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Case Details

Case Name: Willis v. Willis
Court Name: Supreme Court of Georgia
Date Published: Jan 24, 2011
Citation: 288 Ga. 577
Docket Number: S10F1357, S10F1358
Court Abbreviation: Ga.