Haskell v. Haskell, 286 Ga. 112

Summary

The Supreme Court of Georgia affirmed a divorce judgment awarding primary physical custody of the parties' child to the husband after the wife's relocation to Pennsylvania. The court held that the trial court properly applied the best-interests-of-the-child standard, considered relevant custody factors, and did not clearly abuse its discretion in weighing the evidence.

Holdings

1. The trial court did not abuse its discretion in awarding primary physical custody to Husband because ample evidence supported the award and the court properly applied the best-interests-of-the-child standard without a presumption against relocation.
2. Wife could not obtain appellate relief on these evidentiary claims because the trial court made no ruling excluding the adultery evidence, Wife voluntarily abandoned the line of questioning, and the court considered or addressed related evidence and the maternal grandparents' proximity.

Questions Presented

1. Whether the trial court abused its discretion by awarding primary physical custody to Husband based on erroneous factual findings or a misapplication of Bodne v. Bodne.
2. Whether the trial court improperly refused to consider evidence concerning Husband's adultery and the child's relationship with maternal grandparents near Wife.
3. Whether Wife preserved for appellate review her claims concerning the trial court's treatment of the adultery and maternal-grandparent evidence.

Disposition

affirmed