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Final Copy 289 Ga. 166

S11F0670. ABT v. ABT.

THOMPSON, Justice. After more than 16 years of marriage, Michael Abt ("husband") filed a complaint for divorce from Kerry Abt ("wife"). There were two children born of the marriage. The trial court conducted a temporary hearing and awarded the parties joint legal custody of their children with wife being named primary physical custodian. Thereafter, wife allowed her boyfriend to move into the marital home. Husband amended his complaint and added supplemental grounds for divorce to include adultery. During the next few months, the children revised their election of custodial parent several times, related in part to wife's new boyfriend and his residence in the home.1 Just before trial, wife moved for the appointment of a guardian ad litem to address

On June 30, 2009, husband filed an emergency motion for modification of custody and other relief alleging that the children were in danger as a result of wife's boyfriend. At this time, the children executed elections indicating their respective desires to live with husband. The court transferred temporary physical custody of the children to husband, suspended child support payments to wife, and suspended wife's visitation rights. By September 23, 2009, the children executed new affidavits indicating their desire to visit their mother more often. The court subsequently granted the eldest child's request to live with her mother.

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the custodial fluctuations of the children, causing a delay in the trial. The court granted wife's motion and appointed a guardian ad litem. On the eve of trial, the parties announced they had settled the contested custody issues and agreed to a split-custody arrangement. The remaining issues were tried to a jury. Following the jury trial and entry of the verdict, wife filed a motion for new trial. Both parties being partially dissatisfied with the jury verdict, they entered into a consent agreement adopted by the court which granted a new trial, stipulated to a non-jury trial, and prohibited either child from being in the presence of wife's boyfriend. After the nonjury trial, the trial court entered a final judgment and decree of divorce and ordered wife to pay husband $14,862.50 in attorney fees under OCGA

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