Wrightson v. Wrightson

467 S.E.2d 578, 266 Ga. 493, 96 Fulton County D. Rep. 1027, 1996 Ga. LEXIS 120
CourtSupreme Court of Georgia
DecidedMarch 15, 1996
DocketS95A1805
StatusPublished
Cited by28 cases

This text of 467 S.E.2d 578 (Wrightson v. Wrightson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wrightson v. Wrightson, 467 S.E.2d 578, 266 Ga. 493, 96 Fulton County D. Rep. 1027, 1996 Ga. LEXIS 120 (Ga. 1996).

Opinions

Benham, Chief Justice.

The final judgment and decree of divorce which dissolved the marriage of appellant Jeannie Wrightson and appellee Michael Wrightson awarded permanent custody of the couple’s daughter to appellee/father. In the course of the custody contest, allegations were made that the child had suffered sexual abuse. The trial court’s decision to award custody of the child to appellee was based on its findings that appellee was “a committed and capable father” who “can provide excellent care and a wholesome family life” for the child. The trial court further found that the child would benefit greatly from appellee’s “nurturing homelife, supportive, child-centered neighbors, and dedicated and helpful extended family.” The trial court found no credible evidence that appellee had committed alleged acts of sexual abuse against the child, and reiterated the court-appointed child psychiatrist’s observation that the child had “a tremendous amount of safety and trust in [her father]. . . .” While not doubting that appellant/mother loved and cared deeply for the child, the trial court found that appellant’s “possessiveness and inability to allow [appellee] to develop and maintain a healthy parental relationship with his daughter ha[d] become obsessive” and injurious to the child and, if allowed to continue, could have “devastating long-term effects” on the child. We granted appellant’s application for discretionary review of the trial court’s judgment.

The appellate record and the accompanying transcripts evidencing the 11 days of hearings held by the trial court bear witness to a family tragedy that has spilled over from Georgia into North Carolina and Missouri. The divorce proceedings have formally dissolved what was a Georgia family unit, with appellant currently living in Georgia, appellee in North Carolina, and their soon-to-be six-year-old daughter residing with her paternal grandmother in Missouri.

As soon as it became apparent that custody of the child was contested, the trial court appointed a guardian ad litem for the child and later, a child adolescent psychiatrist to conduct a psychological evaluation of the parties and their daughter. Initially, appellant was awarded temporary custody of the child, with the child visiting her father’s North Carolina home. The visitation arrangement was suspended when allegations were made that appellee had sexually [494]*494abused his daughter, as well as the four-year-old daughter of his fiancee. The allegations were the culmination of a telephone conversation appellant had with North Carolina authorities expressing concern for the child’s well-being while visiting appellee. Before it was dismissed for lack of evidence, the allegation concerning the fiancee’s daughter caused the removal of that child from the home she shared with her mother and appellee, as well as the suspension of unsupervised visitation between appellee and his daughter.

Upon the return of the fiancee’s child to her home with her mother and appellee, the Wrightsons’ daughter was judicially permitted to resume visitation in appellee’s North Carolina home. During the first visitation thereafter, appellee saw North Carolina authorities approaching his home and, fearing they were going to remove his daughter and place her in foster care as they had his fiancee’s daughter, appellee returned the child to Georgia, where he consulted with his attorney, the guardian ad litem, and the court-appointed child adolescent psychiatrist. While his attorney successfully petitioned the tried court for an extension of the visitation period and an emergency hearing, appellee took the child to his mother’s home in Missouri. He then returned to Georgia for a three-day emergency hearing after which the trial court gave temporary custody of the child to appellee, with physical custody of the child to remain with her paternal grandmother. Both parents were restricted to telephonic visitation with the child. Six weeks later, the trial court entered the final judgment and decree of divorce, giving permanent custody of the child to appellee, and setting a two-year schedule of supervised visitation, followed by liberal and unsupervised visitation privileges for appellant. Contemplating that appellee would have the child remain with her paternal grandmother until the North Carolina investigations were concluded, the trial court authorized the child’s continued temporary residency in Missouri until appellee informed his mother that the North Carolina proceedings had been resolved such that the child could return to her father’s home.

1. The majority of appellant’s enumerated errors center around those portions of the trial court’s judgment which concern the award of child custody and visitation. Appellant contends the trial court abused its discretion in awarding sole and permanent custody of their daughter to appellee.

“In a contest between parents over the custody of a child, the trial court has a very broad discretion, looking always to the best interest of the child, and may award the child to one even though the other may not be an unfit person to exercise custody or had not otherwise lost the right to custody. . . . Where in such a case the trial judge has exercised [her] dis[495]*495cretion, this court will not interfere unless the evidence shows a clear abuse thereof. ... In a case such as this, it is the duty of the trial judge to resolve the conflicts in the evidence, and where there is any evidence to support [her] finding it cannot be said by this court that there was an abuse of discretion on the part of the trial judge in awarding custody of the minor child to the father.” [Cit.]

Anderson v. Anderson, 240 Ga. 795 (2) (242 SE2d 593) (1978). The testimony of appellee’s North Carolina neighbor, appellee’s fiancee, the court-appointed child psychiatrist, a physician who examined the child in light of the allegations of abuse, appellant’s former roommate, and the guardian ad litem support the trial court’s findings. As there is evidence to support the award of permanent custody to the father, the trial court did not abuse its discretion, and that part of the judgment awarding permanent custody of the child to her father is affirmed. Brand v. Brand, 244 Ga. 124 (259 SE2d 133) (1979).

2. Appellant contends the trial court made a prospective award of custody to appellee and an impermissible temporary award of custody in the final judgment and decree of divorce when it determined that the child should remain with her paternal grandmother until the North Carolina proceedings are resolved and it is safe for the child to return to her father’s home. Contrary to appellant’s assertion, the trial court’s judgment clearly awards permanent custody of the child to appellee. Compare Banister v. Banister, 240 Ga. 513 (241 SE2d 247) (1978) where, in the final judgment of divorce the trial court gave temporary custody of the children to one party and reserved the question of permanent custody for determination at a later date. Since the judgment issued by the trial court awarded permanent custody of the child, it was not an attempt to retain jurisdiction. Compare Buck v. Buck, 238 Ga. 540 (1) (233 SE2d 792) (1977).

3. The final judgment delineated appellant’s visitation privileges and required that visitation be supervised for the first two years. In not more than two years, appellant is entitled to the reasonable, liberal, unsupervised visitation privileges to which the parties agree.1

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Bluebook (online)
467 S.E.2d 578, 266 Ga. 493, 96 Fulton County D. Rep. 1027, 1996 Ga. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wrightson-v-wrightson-ga-1996.