Dellinger v. Dellinger, 278 Ga. 732

Summary

The Supreme Court of Georgia held that a self-executing, material change in visitation based on a parent's relocation violates Georgia public policy unless the provision is supported by evidence concerning the parent's committed course of action, its effect on the children's best interests, and careful drafting tailored to that course of action. The court reversed and directed the trial court to strike the provision automatically reducing the mother's visitation if she moved more than 35 miles from Douglas County. The court affirmed the trial court's award of primary physical custody to the father, finding no clear abuse of discretion.

Holdings

1. A self-executing material change in visitation violates Georgia public policy unless the evidence shows that a party has committed to a particular course of action to be implemented at a particular time, the court has heard evidence concerning the effect of that action on the child's best interests, and the provision is narrowly and carefully drafted to address those effects. The provision here was invalid because it created an open-ended automatic reduction in visitation without a best-interests determination at the time of the move and without a sufficient connection between the thirty-five-mile trigger and the children's best interests.
2. The trial court did not clearly abuse its discretion by awarding primary physical custody to Terry, one fit parent, rather than Sonja.

Questions Presented

1. Whether a divorce decree may provide for an automatic, material reduction in visitation when the noncustodial parent moves more than thirty-five miles from the county without a best-interests determination at the time of the move.
2. Whether the trial court clearly abused its discretion by awarding primary physical custody to one fit parent over the other.

Disposition

reversed