By: Brooke Woods - Title: Georgia: Supreme Court Awards Primary Physical Custody to Husband

Link for opinion: Title: Georgia: Supreme Court Awards Primary Physical Custody to Husband The Georgia Supreme Court held in Rose v. Rose, 294 GA. 719 (755 S.E.2d 737)(2014) that, after a divorce action brought by the wife, the husband is awarded primary custody of their child. http://www.gasupreme.us/sc-op/pdf/s14f0181.pdf After wife filed a complaint for divorce against her husband, a temporary hearing was held where the husband agreed that wife would have primary physical custody of the child. At the final hearing, husband sought primary physical custody of the child. Wife applied for discretionary appeal where the court didn’t reach a different result. The husband and wife, Bruce and Latosha Rose separated in 2012. The couple lived in Gwinett County where the child attended school until the separation. Latosha moved to Henry County and took their child with her. She then filed a complaint for divorce against Bruce in Gwinett County. Latosha was granted primary physical custody of the child at the temporary hearing. At the final hearing, Bruce voiced his concerns for the child and how his environment with his mother wasn’t the best for the child. He then asked for primary physical custody of the child. The court decided in favor of the husband and granted him primary physical custody of the child. Husband works from home, provides more nutritious meals, and lives within a better ranking school district than wife; therefore, husband better provides the best interest of the child. Wife was awarded joint legal custody. She then sought a discretionary appeal. The appellate court did not interfere with the holding of the trial court because there wasn’t any evidence of abuse of discretion. The court concluded that husband having primary physical custody is in the best interest of the child. This includes evidence that husband is able to spend more time with the child, the child is better behaved when with husband, more nutritious meals are provided, and a better education is available. Temporary custody was awarded to wife and creates an interim arrangement that best serves the child’s interests while adjudication of the rights of the mother and father are pending.