Ormandy v. Odom, 459 S.E.2d 439 (Ga. Ct. App. 1995). · Go Syfert
Ormandy v. Odom, 459 S.E.2d 439 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
89 citation events (42 in the last 25 years) across 2 distinct courts.
Strongest positive: Michele A. Donohoe v. Jeffrey M. Donohoe (gactapp, 2013-07-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (rule) Michele A. Donohoe v. Jeffrey M. Donohoe
Ga. Ct. App. · 2013 · confidence medium
Citing Ormandy, supra, 217 Ga. App. at 780-781 (1), the trial court stated that [i]n a contest between the parents, the award of custody by a divorce court vests the custodial parent with a prima facie right.
discussed Cited as authority (rule) Donohoe v. Donohoe
Ga. Ct. App. · 2013 · confidence medium
Citing Ormandy, supra, 217 Ga. App. at 780-781 (1), the trial court stated: In a contest between the parents, the award of custody by a divorce court vests the custodial parent with a prima facie right.
examined Cited as authority (rule) Bodne v. Bodne (4×) also: Cited "see"
Ga. · 2003 · confidence medium
The majority opinion’s off-handed overruling of Ormandy v. Odom, 217 Ga. App. 780, 781 ( 459 SE2d 439 ) (1995), does not reveal the breadth of the change in Georgia law this decision will produce.
cited Cited as authority (rule) Scott v. Scott
Ga. · 2003 · confidence medium
Mercer, supra, 210 Ga. at 548 (3); Ormandy v. Odom, 217 Ga. App. 780, 781 ( 459 SE2d 439 ) (1995).
examined Cited as authority (rule) Bodne v. Bodne (3×) also: Cited "see"
Ga. Ct. App. · 2002 · confidence medium
In situations where one parent is designated as the primary physical custodian of the children, and “[t]he only change in the conditions surrounding the children is that the father remarried . . . and moved out of state[, Relocating and remarrying are not in and of themselves sufficient changes in conditions to authorize a change in custody.” (Citations omitted.) Ormandy, supra, 217 Ga. App. at 781 (1); accord Helm v. Graham, 249 Ga. App. 126, 129 ( 547 SE2d 343 ) (2001).
discussed Cited as authority (rule) Helm v. Graham
Ga. Ct. App. · 2001 · confidence medium
That temporary move is not reasonable evidence of instability. 7 Ormandy, supra at 781 (1); see also Moore v. Wiggins, 230 Ga. 51, 55 (1) ( 195 SE2d 404 ) (1973); Ofchus v. Isom, 239 Ga. App. 738, 739 (1) ( 521 SE2d 871 ) (1999) (physical precedent only). 8 See Young v. Young, 216 Ga. 521, 522 ( 118 SE2d 82 ) (1961) (“The award of custody of a child of the parties in a divorce decree is conclusive unless there have been subsequently to the decree new and material changes in the conditions and circumstances substantially affecting the interest and welfare of the child.”); Mahan v. McRae, 24…
cited Cited as authority (rule) Gordy v. Gordy
Ga. Ct. App. · 2000 · confidence medium
“Although trial courts have wide discretion in change of custody proceedings, there are limits to that discretion.” Ormandy v. Odom, 217 Ga. App. 780, 781 (1) ( 459 SE2d 439 ) (1995).
cited Cited as authority (rule) Mahan v. McRae
Ga. Ct. App. · 1999 · confidence medium
But, “ [relocating and remarrying are not in and of themselves sufficient changes in condition to authorize a change in custody.” Ormandy v. Odom, 217 Ga. App. at 781 (1); In the Interest of R.
discussed Cited as authority (rule) Mahan v. McRae
Ga. Ct. App. · 1999 · confidence medium
But, "[r]elocating and remarrying are not in and of themselves sufficient changes in condition to authorize a change in custody." Ormandy v. Odom, 217 Ga.App. at 781 (1), 459 S.E.2d 439 ; In the Interest of R.R., 222 Ga.App. at 305 (3), 474 S.E.2d 12 .
discussed Cited as authority (rule) Daniel v. Daniel (2×)
Ga. Ct. App. · 1998 · confidence medium
Ormandy v. Odom, 217 Ga. App. 780, 781 (1) ( 459 SE2d 439 ) (1995); see also Triplett v. Elder, 234 Ga. 243 ( 215 SE2d 247 ) (1975).
examined Cited as authority (rule) Tenney v. Tenney (4×)
Ga. Ct. App. · 1998 · confidence medium
"In a contest between the parents, the award of custody by a divorce court vests the custodial parent with a prima facie right. *489 [Cit.] Ordinarily, the trial court should favor the parent having such a right. [Cit.] What the court must affirmatively find is either that the original custodian is no longer able or suited to retain custody or that conditions surrounding the child have so changed that modification of the original judgment would have the effect of promoting his welfare. [Cit.] It is a change for the worse in the conditions of the child's present home environment rather than any…
discussed Cited as authority (rule) Holt v. Leiter
Ga. Ct. App. · 1998 · confidence medium
Section 30-3-20 et seq. of Ala. Code of 1975”). 2 OCGA § 19-9-41 (a). 3 OCGA § 9-11-12 (g) and (h). 4 Houston v. Brown, 212 Ga. App. 834 ( 443 SE2d 3 ) (1994); Daust v. Daust, 204 Ga. App. 29, 31 ( 418 SE2d 409 ) (1992). 5 West v. Nodvin, 196 Ga. App. 825, 830 (4) (c) ( 397 SE2d 567 ) (1990). 6 See OCGA § 19-9-44. 7 OCGA § 19-9-45 (b). 8 260 Ga. 731 ( 399 SE2d 64 ) (1991). 9 OCGA § 19-9-1 (b) (Supp. 1997); Gazaway v. Brackett, 241 Ga. 127, 128 ( 244 SE2d 238 ) (1978); Haralson v. Moore, 237 Ga. 257 ( 227 SE2d 247 ) (1976); Robinson v. Ashmore, 232 Ga. 498, 500 ( 207 SE2d 484 ) (1974). 1…
examined Cited as authority (rule) In the Interest of R. R. (5×)
Ga. Ct. App. · 1996 · confidence medium
Arp, supra at 717 . “ ‘What the court must affirmatively find is either that the original custodian is no longer able or suited to retain custody or that conditions surrounding the child have so changed that modification of the original judgment would have the effect of promoting his welfare. [Cit.]”’ Ormandy v. Odom, 217 Ga. App. 780, 781 (1) ( 459 SE2d 439 ).
discussed Cited "see" In the Interest of T. S. (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Ormandy v. Odom, 217 Ga. App. 780, 780-781 (1) ( 459 SE2d 439 ) (1995), overruled on other grounds by Bodne v. Bodne, 277 Ga. 445, 447 ( 588 SE2d 728 ) (2003).
discussed Cited "see" McCall v. McCall (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
Daniel v. Daniel, 235 Ga. App. 184 (1) ( 509 SE2d 117 ) (1998) (physical precedent only); see Ormandy v. Odom, 217 Ga. App. 780 (1) ( 459 SE2d 439 ) (1995).
discussed Cited "see, e.g." In Re TS (2×)
Ga. Ct. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., In the Interest of C.T., 286 Ga.App. 186, 187 (1), 648 S.E.2d 708 (2007) (explaining that this Court will not cull the record, and the responsibility of any failure by this Court to locate relevant evidence lies with counsel). [3] The father's petition was filed in the Superior Court of Fayette County but was transferred to the Juvenile Court Fayette County so that both the petition for reunification and the petition for change of custody could be addressed together. [4] (Punctuation omitted.) Jones v. Van Horn, 283 Ga.App. 144, 145-146 (1), 640 S.E.2d 712 (2006). [5] See Ormandy v.…
Ormandy
v.
Odom
A95A0366.
Court of Appeals of Georgia.
Jun 23, 1995.
459 S.E.2d 439
Child custody. Wayne Superior Court. Before Judge Tuten., Leaphart & Johnson, J. Alvin Leaphart, for appellant., Robert B. Smith, for appellee.
Johnson, Birdsong, Smith.
Cited by 27 opinions  |  Published
Johnson, Judge.

When the Ormandys divorced in 1989, the court awarded permanent custody of their two children to the father. In 1994, after learning that the father’s employer was transferring him to Illinois, the mother filed a petition for change of custody claiming there were material changes of conditions affecting the welfare of the children. The trial court granted her petition and we granted the father’s application for discretionary appeal.

1. In two enumerations of error, the father contends the trial court erred in finding a material change of condition impacting the welfare of the children and warranting a change of custody. The court based its decision on its findings that the children were closer emotionally to their mother, that the mother’s financial, social and emotional situation improved substantially since the divorce, and that the mother and the paternal grandparents, all residents of Wayne County, were the children’s primary source of nurture and security. The court concluded that moving the children to Illinois would cause them substantial distress and emotional trauma.

“In a contest between the parents, the award of custody by a di[*781] vorce court vests the custodial parent with a prima facie right. Hill v. Rivers, 200 Ga. 354 (37 SE2d 386) (1946). Ordinarily, the trial court should favor the parent having such a right. Triplett v. Elder, 234 Ga. 243 (215 SE2d 247) (1975). . . . What the court must affirmatively find is either that the original custodian is no longer able or suited to retain custody or that conditions surrounding the child have so changed that modification of the original judgment would have the effect of promoting his welfare. Bell v. Bell, 154 Ga. App. 290 (267 SE2d 894) (1980). It is a change for the worse in the conditions of the child’s present home environment rather than any purported change for the better in the environment of the non-custodial parent that the law contemplates under this theory. Dearman v. Rhoden, [235 Ga. 457 (219 SE2d 704) (1975)]; Bowen v. Bowen, 223 Ga. 800 (158 SE2d 233) (1967).” (Emphasis in original.) In re M. M. A., 166 Ga. App. 620, 625 (2) (305 SE2d 139) (1983). Although trial courts have wide discretion in change of custody proceedings, there are limits to that discretion. Bisno v. Bisno, 238 Ga. 328 (232 SE2d 921) (1977). We find that the trial court abused its discretion in this case and reverse.

The record in this case is completely devoid of evidence that the father is no longer able or suited to retain custody of the children. In fact, the court states in its order that the father is “responsible and caring” and that there is “no significant failure or culpability on his part in so far as the care of the children are concerned, [but that] there is a closer identity with the mother on an intimate, emotional level.” Nor is there any evidence that conditions surrounding the children have so changed that modifying the custody award would promote the children’s welfare. The only change in the conditions surrounding the children is that the father remarried in 1993 and moved out of state. Relocating and remarrying are not in and of themselves sufficient changes in conditions to authorize a change in custody. See Bisno, supra at 329; Stout v. Pate, 209 Ga. 786, 787 (1) (75 SE2d 748) (1953); compare Fortson v. Fortson, 152 Ga. App. 326, 327-328 (4) (262 SE2d 599) (1979).

Furthermore, there is no evidence in the record that the change is for the worse. The trial court states in its order that the children are closer emotionally to their mother, that she and the paternal grandparents are the primary source of nurture and security for the children and that removing the children from Wayne County has caused the children anxiety. Apart from testimony that the children spent half or more of their time with the grandparents before the father remarried, these conclusions have no support in the record. The information may have been gleaned from the court’s private interviews with the children. While the trial court was certainly authorized to interview the children, the interviews were not transcribed and any statements made therein cannot serve as a basis for upholding the[*782] trial court’s decision. Kohler v. Kromer, 234 Ga. 117, 118-119 (214 SE2d 551) (1975).

Decided June 23, 1995 Reconsideration denied July 11, 1995. Child custody. Wayne Superior Court. Before Judge Tuten. Leaphart & Johnson, J. Alvin Leaphart, for appellant. Robert B. Smith, for appellee.

The tried court also erroneously considered an improvement in the mother’s situation in deciding to change custody. As stated above, the court should have focused its analysis on a worsening of conditions in the child’s present home environment rather than any purported change for the better in the non-custodial parent’s home environment. In re M. M. A., supra at 625 (2). The record in no way supports a finding that the environment in the father’s home has worsened.

While the evidence does not support a change in custody from the father to the mother, relocation of the children necessitates a modification of the mother’s visitation rights. On remand, the trial court is directed to hear testimony concerning this issue and to enter an order modifying visitation.

2. In light of the foregoing, we do not reach the father’s remaining enumerations of error.

Judgment reversed and case remanded with direction.

Birdsong, P. J., and Smith, J., concur.