Andersen v. Farrington
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Husband and wife were divorced in 2009. They had two children. The decree awarded joint custody to the parties, with primary physical custody to wife. Thereafter, husband filed a contempt action, and also sought a psychological custody evaluation of wife. Wife was living in Forsyth County at that time, and she was served at her residence in that county. Almost four months later, wife filed a “motion to dismiss.” She did not challenge personal jurisdiction or venue in that motion. Thereafter, husband appended a motion for change of custody to the contempt action. However, the parties entered into a settlement agreement to resolve the custody and contempt issues, which was announced in open court. The parties abided by the settlement agreement for about eight months. Then wife moved to invalidate the agreement and to dismiss the change of custody action, arguing it should have been filed in Fulton County because she moved there at some point while the case was pending. The trial court denied wife’s motions, finding that she waived personal jurisdiction and venue defenses. It also awarded husband physical custody of the children, denied wife visitation rights with the children until she underwent and paid for a psychological custody evaluation, and ordered wife to pay child support in the amount of $704 per month. Finally, the trial court found wife in contempt for failing to pay child support in the amount of $3,168 and uncovered medical expenses for the minor children in the amount of $331. Wife appealed, but finding no error, the Supreme Court affirmed.
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