2. Having reviewed the record, we reject Husbandโs assertion that the trial court abused its discretion in awarding primary physical custody of the child to Wife or in permitting her to move to Arizona with the child. See Welch v. Welch, 277 Ga. 808 , 809 (596 SE2d 134 ) (2004) (โWhere there is any evidence to support the decision of the trial court, this Court cannot say there was an abuse of discretion [in awarding custody of a child to one fit parent over the other].โ).
[Cit.] Where there is any evidence to support the decision of the trial court, this Court cannot say there was an abuse of discretion. [Cit.]Welch v. Welch, 277 Ga. 808, 809 ( 596 SE2d 134) (2004). "`[I]t is the duty of the trial judge to resolve the conflicts in the evidence.
However, Baldwin v. Baldwin, 265 Ga. 465 ( 458 SE2d 126) (1995), does not mandate such an arrangement, and Mr. Facey does not point to any evidence that indicates that the trial court abused its discretion in determining that such an arrangement during the school year would be in the best interests of the children. See Welch v. Welch, 277 Ga. 808 ( 596 SE2d 134) (2004). 4. Although he requested a modification of child support, Mr. Facey now contends that the trial court did not make the required findings under OCGA ยง 19-6-19 to authorize a change from the child support provisions of the original decree.
As a general rule, where the trial court exercises its discretion and awards custody of a child to one fit parent over the other fit parent, an appellate court will not interfere with that decision unless there is evidence the trial court clearly abused its discretion. Welch v. Welch, 277 Ga. 808, 809 ( 596 SE2d 134) (2004). Here, in the absence of a transcript or a stipulation of evidence promulgated in accordance with OCGA ยง 5-6-41 (g), we must presume that the evidence supports the findings made by the trial court.
Urquhart v. Urquhart, 272 Ga. 548 (1) ( 533 SE2d 80) (2000). Where there is any evidence to support the decision of the trial court, this Court cannot assert there was an abuse of discretion. Welch v. Welch, 277 Ga. 808 ( 596 SE2d 134) (2004). In the final judgment and decree of divorce, the trial court relied upon the evidence presented at the various hearings, testimony from the parties, expert witnesses, and documentary evidence to conclude that it was in the best interest of the minor children to award primary physical custody to Wife.
See OCGA ยง 19-9-3 (a) (2). Where the trial court exercises its discretion and awards custody of a child to one fit parent over the other fit parent, the appellate court will not interfere with that decision unless there is evidence the trial court clearly abused its discretion. Powell v. Powell, 277 Ga. 878 ( 596 SE2d 616) (2004); Welch v. Welch, 277 Ga. 808, 809 ( 596 SE2d 134) (2004). If there is any evidence to support the trial court's decision, it cannot be said there was an abuse of discretion. Id.
Accordingly, we find that the trial court did not abuse its discretion by determining that it was in the best interest of L. S. to grant custody of her to the father. See Welch v. Welch, 277 Ga. 808, 809-810 ( 596 SE2d 134) (2004) (upholding grant of custody to father based on evidence presented that it was in the best interest of the children even though father previously had committed acts of violence against mother). 3. Finally, the mother argues that the juvenile court abused its discretion by denying her discovery requests, which prejudiced her ability to defend herself.
OCGA ยง 19-9-3 (a) (4) is expressly applicable where the trial court makes a finding of the existence of family violence, but it did not do so in this case. See Welch v. Welch, 277 Ga. 808, 809-810 ( 596 SE2d 134) (2004). Assuming that McKinney's alleged past acts of violence were nevertheless relevant, whether McKinney had previously sought the help of a mental health professional or had attempted to commit suicide in 1989 was not probative of whether she committed acts of violence against other persons or of any other material issue in the case.
Where there is any evidence to support the decision of the trial court, this Court cannot say there was an abuse of discretion. Jackson v. Jackson, 230 Ga. 499, 500, 197 S.E.2d 705 (1973).Welch v. Welch, 277 Ga. 808, 809, 596 S.E.2d 134 (2004).5 A review of the trial court's orders in this matter indicate that it was guided by a consideration of the best interests of the parties' minor child.
Where the trial court exercises its discretion and awards custody of a child to one fit parent over the other fit parent, the appellate court will not interfere with that decision unless there is evidence the trial court clearly abused its discretion. Powell v. Powell, 277 Ga. 878, 596 S.E.2d 616 (2004); Welch v. Welch, 277 Ga. 808, 809, 596 S.E.2d 134 (2004). If there is any evidence to support the trial court's decision, it cannot be said there was an abuse of discretion. Id.Anderson v. Anderson, 278 Ga. 713, 606 S.E.2d 251 (2004).