Brazzel v. Brazzel

Lester Brazzel, Jr. appeals from a superior court order and final judgment denying his motion to vacate an arbitrator’s decision regarding child custody and other matters, and granting the motion of his former wife, Ashley Brazzel, to confirm the decision. For the following reasons, we affirm.

Lester and Ashley Brazzel were divorced in 2010 with two minor children the issue of their marriage. Pursuant to the divorce decree and a 2012 order modifying child custody, the parents were awarded joint legal and physical custody of the children with primary physical custody in Ms. Brazzel. In 2013, Ms. Brazzel filed a motion seeking modification of child custody and support, Mr. Brazzel counterclaimed for custody and support modification, and both parties filed motions for contempt. The parties agreed to consolidate and submit to binding arbitration all the issues presented in the motions, including an agreement pursuant to OCGA § 19-9-1.1 to submit the child custody-related issues to binding arbitration. After hearing evidence, the arbitrator issued his decision in June 2015, which included a finding that, since the last custody award, there had been a material change of condition adversely affecting child welfare, and that it was in the best interests of the children that custody be modified by awarding primary legal and physical custody to Ms. Brazzel, and secondary legal and physical custody to Mr. Brazzel. Ms. Brazzel moved pursuant to OCGA § 9-9-12 of the Georgia Arbitration Code GAC OCGA § 9-9-1 et seq. for superior court confirmation of the arbitrator’s decision, and Mr. Brazzel moved pursuant to OCGA § 9-9-13 of the GAC for the court to vacate the decision, and to set the matter for an evidentiary hearing before the Court to determine the best interests of the children under OCGA §§ 19-9-1.1 and 19-9-3 before modifying custody. In September 2015, the superior court entered an order and judgment denying Mr. Brazzel’s motion to vacate the decision, and granting Ms. Brazzel’s motion to confirm the arbitrator’s decision, thereby incorporating the arbitrator’s custody-related decisions.