Rose v. Rose
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Bruce and Latosha Rose were married in 2003. They had one child who was born in 2007. The couple lived in Gwinnett County and the child attended school there until 2012 when the couple separated. Wife moved to Henry County and took the child with her. Shortly thereafter, she filed for divorce. A temporary order was entered giving her primary physical custody and stipulating that the child would attend school in wife's school district. The parties were given joint legal custody and directed to confer with one another on all matters pertaining to the well-being of the child. A final hearing was held later that year at which husband sought primary physical custody. Husband expressed his concern for the child's education in Henry County; took issue with the quality of the meals wife gave to the child (wife fed the child fast and processed, pre-packaged food, "far too often"); that wife was unable to spend time with the child weekdays (her work schedule required the child to attend an after school program) whereas he works from home several days a week; and that the child behaved better in his presence than in the presence of wife since moving to Henry County. The trial court did not make findings of facts and conclusions of law and awarded primary physical custody to husband. Wife sought discretionary review by the Supreme Court. Finding no reversible error or abuse of the trial court's discretion, the Supreme Court affirmed that court's decision.
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