Kimberly Creech v. James Wood
CourtCourt of Appeals of Georgia
Date FiledJuly 2, 2026
DocketA26D0575
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 02, 2026
The Court of Appeals hereby passes the following order:
A26D0575. KIMBERLY CREECH v. JAMES WOOD.
In this child custody modification action, the trial court entered an order
granting James Wood primary physical custody of the two minor children he shares
with Kimberly Creech. Creech has filed a timely application for discretionary appeal,
seeking to appeal the modification.
Ordinarily, appeals of orders in domestic relations cases must be initiated by
filing an application for discretionary appeal. OCGA § 5-6-35(a)(2), (b). Under OCGA
§ 5-6-34(a)(11), however, direct appeals are permitted from “[a]ll judgments or orders
in child custody cases awarding, refusing to change, or modifying child custody or
holding or declining to hold persons in contempt of such child custody judgment or
orders.” Because the court’s order modified child custody, it is directly appealable.
Under OCGA § 5-6-35(j), this Court will grant a timely application for
discretionary review if the lower court’s order is subject to direct appeal. City of
Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this
application is hereby GRANTED. Creech shall have ten days from the date of this
order to file a notice of appeal in the superior court. See OCGA § 5-6-35(g). If she
already has filed a notice of appeal in the superior court, then she need not file a
second notice. The clerk of the superior court is DIRECTED to include a copy of this
order in the record transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/02/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.