Phipps, Senior Appellate Judge.In this custody dispute between biological parents who never married, the issues before this Court arise out of the mother’s decision to move from Georgia to New York with the child. For the reasons below, we hold that the trial court did not err in determining custody but that a portion of the award related to child support must be vacated and remanded for reconsideration. The record shows that on July 15, 2016, Dwayne Woodson filed a petition for legitimation and custody in which he alleged that Maxine Lino had indicated that she was moving to New York and taking their child, who was born out of wedlock in 2008. Woodson prayed that Lino not be allowed to leave Georgia, that Woodson be legitimated, and that he be granted joint legal and primary physical custody of the child. Woodson requested an emergency hearing due to the fact that the Georgia school year was about to begin. On August 4, following an emergency ex parte hearing, the court ordered that the child be returned to Georgia, if he had been removed, and that the child be enrolled in school in Atlanta. Lino moved to set aside the August 4 order on the grounds that she had not been served with notice of the hearing. She also answered, admitted that Woodson was the father, admitted that the child resided with her in New York, and counterclaimed for child support and attorney fees. Woodson countered with a motion for a finding that Lino was in contempt of the August 4 order prohibiting her from removing the child from Georgia. The court held a hearing on August 17, 2016, and entered an order that day in which the court noted that the parties had agreed to vacate the August 4 order. Further, the court declared the child to be the legitimate child of Woodson. And the court found that the mother had the legal right to move with the child because the father had not previously legitimated the child. See OCGA § 19-7-25 (mother may exercise all parental power where child born out of wedlock has not been legitimated). The court awarded the parties joint legal custody and made temporary physical custody decisions pending a final hearing. A guardian ad litem was appointed. The final hearing was conducted on March 21, 2017, following which the court issued a final order on “Legitimation, Custody, and Child Support” and a “Final Parenting Plan.” In the final order and plan, the court found, among other things, that based on the factors defined in OCGA § 19-9-3, the parties would share joint legal custody with the mother having primary physical custody. The court ordered the mother to relocate to Georgia and ordered the father to pay the mother’s relocations costs, including a security deposit and three months’ housing costs. The court also required the father to bear the cost of airfare and lodging for the mother to travel to Atlanta to secure housing. And the court ordered the mother to secure employment and begin paying for her own housing by the fourth month. Based on a finding that the father earned over $10,000 a month whereas the mother earned approximately $1,250 per month, the court ordered the father to pay child support. Woodson appeals from the court’s order.[1] Lino did not file a cross appeal.[2]1. Woodson first contends that the trial court committed plain legal error by failing to apply the law as articulated by the Supreme Court of Georgia in Bodne v. Bodne, 277 Ga. 445 (588 SE2d 728) (2003). We disagree. OCGA § 19-9-3 provides that the duty of a judge in a custody case “shall be to exercise discretion to look to and determine solely what is for the best interest of the child and what will best promote the child’s welfare and happiness and to make his or her award accordingly.” OCGA § 19-9-3 (2). The statute also provides a non-exclusive list of 17 factors relevant to determining the best interests of the child. OCGA § 19-9-3 (4). Our Supreme Court’s decision in Bodne made clear that “[w]hen exercising its discretion in relocation cases, as in all child custody cases, the trial court must consider the best interests of the child and cannot apply a brightline test.” 277 Ga. at 446. Under this standard, the child’s interests are paramount:[T]he primary consideration of the trial court in deciding custody matters must be directed to the best interests of the child involved, [ ] all other rights are secondary, and [ ] any determination of the best interests of the child must be made on a casebycase basis.
