Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2012 » S11F1856. JOHNSON v. JOHNSON
S11F1856. JOHNSON v. JOHNSON
State: Georgia
Court: Supreme Court
Docket No: S11F1856
Case Date: 01/09/2012
Preview:Final Copy 290 Ga. 359 S11F1856. JOHNSON v. JOHNSON. BENHAM, Justice. The marriage of appellant Roy Johnson ("Father") and appellee Ping Hu Johnson ("Mother") ended with the entry of a judgment and decree of divorce in December 2010. The issue before this Court is whether the judgment contains an improper self-executing modification that is contingent upon a determination to be made by a person other than a judge. The judgment of divorce incorporated by reference a parenting plan and custody order that gave Mother primary physical custody of the parties' 12-yearold daughter, with Father awarded visitation that required supervision when the child spent the night in Father's custody. The parenting plan provided that the overnight visitation would be supervised by "a reasonable adult approved by [a therapist treating the child], until such time as [the therapist] determines that supervision is not necessary." The plan also stated that the therapist "shall have the authority to determine how supervised visitation should be phased out over time and when supervision may end." Father filed a motion for new trial in which he contended that the provisions concerning the termination of the supervised visitation constituted an improper self-executing modification contingent upon the determination of the therapist. The trial court denied the motion, finding that the self-executing provision was not a material change in

custody and was in the child's best interests. Acting pursuant to this Court's Pilot Project, by which we granted all non-frivolous applications for discretionary review of a final judgment and decree of divorce, we granted Father's application for discretionary review.1 Visitation rights are part of custody (OCGA
Download S11F1856. JOHNSON v. JOHNSON.pdf

Georgia Law

Georgia State Laws
Georgia Court
Georgia State
    > Georgia Counties
Georgia Tax
Georgia Labor Laws
    > Georgia Unemployment
Georgia Agencies
    > Georgia DMV

Comments

Tips