Wineger v. Lowry
Feb 23, 2017OUTCOME: Successfully defended a trial court's grant of primary physical custody to the father
The Georgia Court of Appeal has rendered a favorable decision in one of our cases. The matter was originally tried in Forsyth County where the judge granted primary physical custody to our client, the ... father. Mother appealed the trial court's decision. The appellate court affirmed the lower court's ruling leaving custody with the father and finding that the determination of custody must be a forward looking analysis: "OCGA § 19-9-3(a)(2) provides that a judge considering a custody issue “may take into consideration all the circumstances of the case ․ in determining to whom custody of the child should be awarded,” and that “[t]he duty of the judge ․ shall be to exercise discretion to look to and determine solely what is for the best interest of the child and what will best promote the child's welfare and happiness ․” The trial court's task in all custody matters is necessarily a forward-looking analysis, and in such matters it “has very broad discretion, looking always to the best interest of the child.” Autrey, 288 Ga. at 285." See the entire appellate decision below. (Father - Robert Winenger represented by Andrea M. Johnson, Esq.): http://caselaw.findlaw.com/ga-court-of-appeals/1850236.html
