Viskup v. Viskup
Annotate this CaseIn 2008, mother filed a petition for modification of custody and child support. After denying father's motion to dismiss for lack of venue, the trial court granted temporary physical custody of the child to mother in 2008 and permanent physical custody and child support in 2011. The court held that since there was evidence that supported the trial court's determination that father did not change his county of residence and was a resident of Cherokee County when mother filed her modification, the trial court did not misapply the law. Since there was evidence to support the trial court's award of custody of the child to one fit parent over the other fit parent, the court could not say that the trial court abused its discretion. Finally, to the extent that Harris v. Williams held that OCGA 19-9-3(g) did not authorize an award of attorney fees in an action seeking modification of child custody, it was overruled. Since mother's petition for modification of child custody did not fall within the parameters of OCGA 19-6-2(a) and fell within OCGA 19-9-3(g), the trial court's grant of attorney fees was pursuant to OCGA 19-9-3(g) and the court need not remand the case to the trial court for clarification of the statutory basis of its award. Accordingly, the court affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.