.... SOGNIER, Judge. Lucian Lincoln Wood, Jr., filed a motion pursuant to OCGA § 19-9-3 (b) in the Superior Court of DeKalb County seeking modification of visitation...the custodial parent. The problem arises because of an apparent conflict between the language in OCGA § 19-9-23, and that found in the identical provisions of OCGA §§ 19-9-1 (b) and 19-9-3 (b). The...that the language in OCGA §§ 19-9-1 (b) and 19-9-3 (b) authorizes him to bring a motion in the court issuing the last judgment effecting custody or visitation rights between the parties (i.e., DeKalb...

..., 325 Ga. App. 596, 754 S.E.2d 385 (2014), cited by Hedden, is of no effect because OCGA § 19–9–3 (b) contains language that differs...significantly from the statutory section at issue in this case—that is, absent a change in material conditions or circumstances, OCGA § 19–9–3 (b) allows a party seeking a custody modification to do so...). Heden’s March 2016 motion, to the extent it was based on the preference of the child as contemplated in OCGA § 9–9–3 (a) (5), should have been denied as premature. We note, however, that a judge is not restricted from changing the custody arrangement for a child where there is a change in material conditions or circumstances of the parties or child. See OCGA § 19–9–3 (b).-------- Judgment...

...make that change in a contempt hearing when there was insufficient evidence to support it. We disagree. As acknowledged by the mother, “[u]nder OCGA § 19–9–3(b), the trial court is...proceeding, we have long held that [OCGA § 19–9–3(b) ] allows the modification of visitation rights, even on the court's own motion.” (Citations omitted; emphasis in original...claim that she was entitled to notice and time to prepare an adequate response, such is not required by OCGA § 19–9–3(b), and the mother cites...

...Gazaway v. Brackett, 241 Ga. 127, 129 ( 244 S.E.2d 238) (1978); OCGA § 19-9-3 (b)." Thomas.... Howard B. Slocumb. for appellee. BLACKBURN, Judge. We granted John..., 77 Ga. App. 60 (3) ( 47 S.E.2d 815) (1948). Moreover, "[a] trial court may modify visitation rights without a showing of changed circumstances...

...child as contemplated in OCGA § 9-9-3 (a) (5), should have been denied as premature. This Court's opinion in Cannella v. Graham, 325 Ga. App. 596 (754 SE2d 385) (2014), cited by Hedden, is of no effect because OCGA § 19-9-3 (b) contains...significantly from the statutory section at issue in this case — that is, absent a change in material conditions or circumstances, OCGA § 19-9-3 (b) allows a party seeking a custody modification to do so once.... See OCGA § 19-9-3 (b). -------- Judgment reversed. McFadden, P. J., concurs. Branch, J., concurs in judgment...

...SE2d 519) (1977). "[U]nder OCGA § 19-9-1 (b) [now OCGA § 19-9-3 (b)], the trial court is expressly authorized to modify visitation rights, even on its own motion, during a contempt proceeding...

...changes which adversely affect the child. See OCGA § 19–9–3(b).... Lynch v. Horton, 302 Ga.App. 597(4), 692 S.E.2d 34 (2010...). A trial court faced with a petition for modification of child custody is charged with exercising its discretion to determine what is in the child's best interest. OCGA § 19–9–3(a)(2...order awarding attorney fees contains language that is set forth in OCGA § 19–9–3(g) as well as in OCGA § 19–6–2(a)(2), and Father maintains the fee award could have been made pursuant to OCGA § 19–6...

...OCGA § 19-9-3 (b), the best interests of the child necessitated a change in the visitation and parenting time schedule. Specifically, the court found that M. A.'s decline in academic performance...-to-week rotation and decision-making terms. Consequently, relying on OCGA § 19-9-3 (b), the trial court changed the parties.... See OCGA § 19-9-6 (5). Odum, 342 Ga.App. at 393 (1). The trial court stated, in its order, that its modifications were authorized under OCGA § 19-9-3 (b). That...

..., argued that pursuant to OCGA § 19-9-3 (b) his action was properly brought in the court issuing the last judgment effecting visitation. Appellant argued that under OCGA § 19-9-23 (a), venue was only proper in the county where she resided. We recognized an apparent conflict between the language of OCGA § 19-9-23 and that of OCGA §§ 19-9-1 (b) and 19-9-3 (b...motion to modify visitation. The parties to this appeal each rely on different Code sections. Appellant relies on OCGA § 19-9-23 (b), which provides: "A complaint by the legal custodian seeking a...change of legal custody or visitation rights shall be brought as a separate action in compliance with Article VI, Section II, Paragraph VI of the Constitution of this state." Appellee relies on OCGA § 19-9...

...must find some other statutory authority if visitation was to be denied to the noncustodial parent. The court turned to OCGA § 19-9-3 (b), which provides for periodic review and modification of the..."my visits with him are unpleasant." The trial court issued an order denying modification of visitation based upon its interpretation of OCGA § 19-9-3 (a) and.... Wheeler, supra, the court interpreted OCGA §§ 19-9-1 (a) and 19-9-3 (a), as they then existed in the Code, to hold that a child over the age of fourteen years had the right to elect not to visit...

.... However, OCGA § 19–9–3(b) provides: In any case in which a judgment awarding the custody of a child has been entered, on the motion of any party or on the motion of the judge, that...); Blalock v. Blalock, 247 Ga. 548, 550, 277 S.E.2d 655 (1981) (interpreting OCGA § 19–9–3(b)'s...Wife to pursue her counterclaim for contempt based in part on the Fayette County contempt order, which he now claims is subject to a pending motion for new trial. See OCGA § 9–11–62(b) (providing that...

...) (citations omitted). OCGA § 19–9–3(b) provides: [I]n any case in which a judgment awarding the custody of a child has been entered, on the motion of any party or on the motion of the...to Graham. On November 9, 2012, Cannella filed the instant action, seeking sole legal custody of the child and asking that Graham's visitation with the child be supervised or...

...divorce decree in a contempt proceeding, an exception is made with regard to visitation rights. Under . . . OCGA § 19-9-3 (b), the trial court is expressly authorized to modify visitation rights, even on...appellant. Weinstock Scavo, Lindsay B. Dodson, for appellee...] must now take the necessary action to lift the [s]afeguard provisions." On June 3, 2010, the mother filed an emergency petition for citation for contempt against the father for...

...encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child[.] OCGA § 19-9-3 (a) (3). The evidence sufficient to warrant a modification of custody can consist of a change in material conditions which have a positive effect on the child's welfare as well as changes which adversely affect the child. See OCGA § 19-9-3 (b) (trial...Martin v. Greco, 225 Ga. App. 752, 753 (1) ( 484 SE2d 789) (1997); OCGA § 19-9-3 (b). The trial court granted Horton's petition and based its decision on the following...finding that Lynch retain custody of T. H. (Punctuation and footnote omitted.) Id.; OCGA § 19-9-3 (a) (2). Further, the trial court was authorized to consider Horton's good faith in picking up T. H...

...consideration of a change of custody. See Bankston v. Warbington, 332 Ga. App. 29, 32 (1) (771 SE2d 726) (2015); OCGA § 19-9-3 (b). Bennett...filed a motion seeking attorney fees under OCGA § 9-15-14 (a) and (b) and OCGA § 19-9-3 (g). The...trial court denied the motion. The court found that Bennett was not entitled to attorney fees under OCGA § 9-15-14 (a) or (b) because the court could have accepted McClam's position and her petition did not lack substantial justification. The court then held that although Bennett otherwise might be entitled to OCGA § 19-9-3 (g...

.... Georgia's Domestic Relations Code authorizes a trial court to modify a child custody award "based upon a showing of a change in any material conditions or circumstances of a party or the child." OCGA § 19-9-3 (b); see...). Pretermitting whether the Eller v. Matthews decision, in the context of a petition under OCGA § 19-7-4, is applicable in the context of a custody modification proceeding under OCGA § 19-9-3...them to a third person. Id. at 315 (2). See OCGA § 19-7-4...

....) Burnham, 350 Ga.App. at 352 (2); see also Longino, 352 Ga.App. at 263-264; OCGA § 19-9-3 (b) ("[T]his...

...condition or that the modification was in the best interest of the child. Under OCGA § 19–9–3 (b), a court may periodically review and modify the visitation portion of...S.E.2d 299 (2012) (citation omitted). See also Dennis v. Dennis, 302 Ga.App. 791, 793 (1) (b.... Alexander v. Mosley, 271 Ga. 2, 2–3 (1), 515 S.E.2d 145 (1999) (citing...

...) ( 284 S.E.2d 641) and OCGA § 19-9-3 (b). Before concluding that there has been no prior adjudication of the custody issue, it is...first instance, a custody dispute between parents is decided on the basis of the best interest of the child. OCGA § 19-9-3 (a...since the last award there has been a material change of condition affecting the well being of the child. OCGA § 19-9-1; Templeman v. Earnest...

...visitation under the former version of OCGA § 19-9-3 (b), which authorized a trial court to modify visitation "on the motion of any party or on the...parameters of OCGA § 19-9-3 (g) did not have to be remanded for reconsideration of the father's financial circumstances). 5. Lewis's motion for a frivolous appeal penalty is denied. See Rule 41 (b) (no...6) (2005). The mother concedes that her filing of a counterclaim seeking to modify custody would be improper under OCGA § 19-9-23. But she attempts to avoid the requirements of that code section by contending that she converted her improper modification claim into a proper motion for modification under OCGA § 19-9-3 (b). However...