Katz v. Katz , 264 Ga. 440 ( 1994 )

Sears-Collins, Justice,

concurring.

I agree with the majority that the trial court abused its discretion in entering the provisions on visitation. I also agree that the order places heavy burdens on Mrs. Katz should she decide to move from Atlanta. I write, however, to emphasize that trial courts and parents must bear in mind the best interests of the children with respect to custody and visitation issues. A cursory review of the visitation provisions in this case demonstrates that the trial court and the parents lost sight of that paramount concern. In the event that Mrs. Katz moves from the Atlanta area, the order saddles the children with an oppressive travel schedule that an adult would have difficulty tolerating; that effectively will preclude the children from attending school every Thursday and Friday; that will disrupt or preclude many routine childhood activities; and that ultimately will disrupt the continuity and stability so necessary to the proper nurturing of a child. Thus, the whirlwind travel schedule imposed by the present order cannot possibly be in the children’s best interests. Although I recognize that visitation with their father is an important facet of the children’s lives, trial courts and parents can protect that interest by fashioning visitation provisions that do not turn the children’s lives upside down. For these reasons, I concur in the decision to remand the case to the trial court for it to reconsider the issues of custody and visitation.