Carr-MacArthur v. CarrAnnotate this Case
Mother Annie Carr-MacArthur and Christopher Carr ("Father") were married in 2004; they had one child, born in 2005. The couple divorced in 2009. The incorporated settlement agreement gave the parties joint legal custody of the child, with primary physical custody to Mother, who had just moved to Florida. Father, who was in the Air Force, was based in Georgia. At the time of the divorce, Mother had certain physical and mental health issues, of which Father was aware, and that he believed to be manageable. In 2010, Mother surrendered physical custody of the child to Father after the Florida Department of Family and Child Services determined her home was unsafe due to unsanitary conditions, empty prescription bottles found throughout the home, and cat food on the floor and kitchen table. At a Georgia juvenile court, Father filed a petition for deprivation after Mother requested the child be returned to her; in October 2010, Father filed a petition for modification of custody, child support, and alimony. In a final order entered September 2013, the trial court modified custody, named Father the primary physical custodian, and made associated changes in child support. Mother appealed the superior court's grant of a change in child custody and child support in regard to her minor child. The Supreme Court reversed only on the issue of calculating child support: "[w]hile the trial court can certainly deviate from the presumptive amount of child support in a modification action, if it does so, it must "enter a written order specifying the basis for the modification . . ." The case was remanded for the trial court to make its mandatory written findings.