Order granting father’s petition to legitimate his biological son, affirmed, as trial court properly determined that father did not abandon his opportunity interest in forming relationship with his child; father developed and maintained relationship with his child from his birth on December 30, 2007, until mother blocked his access to child in February 2010, and father supported child financially from his birth and even after he was no longer allowed contact with him; mother’s contention that father waived his opportunity interest in child by offering mother no emotional or financial support during her pregnancy, rejected, since father’s lack of involvement prior to child’s birth ‘ “is as significant as such a disregard after the child is born,” ‘ but no authority limits trial court’s inquiry into whether father has abandoned his opportunity interest to period before child’s birth, especially where, as here, father evidenced clear intent to be involved in his child’s life following his birth; trial court did not err in excluding character evidence unrelated to issue of custody in determining what arrangement was in child’s best interest; trial court did not abuse its discretion in using mother’s former income of $32K per year in calculating child support, since she voluntarily terminated her employment; any issue surrounding supersedeas imposed when mother filed motion for new trial was moot; father’s motion for frivolous appeal penalties, denied.

Caldwell v. Meadows, A11A1031 (10/14/11)

Fulton County Daily Report, November 4, 2011

Continuation of custody of minor mother’s 2-year-old child with DFACS, affirmed, as juvenile court did not err in holding review hearing without mother present; pretermitting whether court erred in not continuing hearing, mother failed to establish that she was harmed by not being present, as she did not allege that her attorney did not adequately represent her interests or that juvenile court erred in its disposition of case; juvenile court did not err in admitting certain unauthenticated documents, as all helpful information may be received in proceeding involving child custody, other non-hearsay evidence supported juvenile court’s findings, and mother failed to show how she was harmed by documents’ admission.

In the Interest of N. H., A11A1280 (10/20/11)

Fulton County Daily Report, November 4, 2011

Denial of father’s contempt motion, affirmed, as trial court did not impermissibly modify parties’ prior divorce decree in holding that mother can use her custodial time with parties’ children in any way she deems appropriate; trial court merely clarified extent to which father’s decision-making authority with regard to children’s extracurricular activities can encroach upon mother’s custodial time.

Earle v. Earle, A11A1450 (10/18/11)

Fulton County Daily Report, November 4, 2011

Award to their maternal grandparents of permanent custody of two special needs children who had previously been adjudicated deprived, affirmed, with limited visitation to parents, as clear and convincing evidence showed that parental custody would harm children and that grandparents’ custody would best promote children’s health, welfare and happiness; while parents consistently failed to attend to children’s special needs and physical well-being, grandparents had served as children’s primary caregivers for several years, were fully cognizant of their special needs, were actively involved in securing services and therapies for children and charting their progress, and were in position due to their retirement to carefully monitor children on daily basis; for same reasons, juvenile court did not abuse its discretion in denying parents’ motion for reunification, which sought to modify or vacate unexpired deprivation order based on alleged change in circumstances.

In the Interest of D. W. and L. W., A11A1463; A11A1464; A11A1465 (09/15/11)

Fulton County Daily Report, September 30, 2011

Juvenile court’s order, reversed, to extent it awarded custody of first child to father, vacated, to the extent it found reunification was not in second child’s best interests and placed her with her paternal grandmother, and, affirmed to extent it found second child derived; juvenile court did not err in finding second child deprived because evidence showed that mother physically abused child on at least two occasions, police were notified on one of those occasions, mother pled guilty to simple battery, and mother’s psychologist testified that she believed it was unwise to return children to mother’s custody unless and until mother sought further psychiatric counseling; however, juvenile court’s order was insufficient to allow for meaningful appellate review on issue of whether reunification was not in second child’s best interest because it did not specify which, if any, of presumptions under O.C.G.A § 15-11-58 (h) supported its findings; juvenile court’s placement of second child with paternal grandmother, vacated, because no evidence showed that grandmother’s qualifications were submitted prior to juvenile court’s custody decision; juvenile court erred in transferring custody of first child to father, after it specifically found that first child was not deprived, because in deprivation proceeding, juvenile court is only authorized to transfer custody of deprived child.

In the Interest of T.S., A11A0420 (06/16/11)

Fulton County Daily Report, July 1, 2011

Order returning temporary custody of children to DFACS for additional 12 months and authorizing DFACS to discontinue providing reunification services, vacated, and case remanded; evidence that child was abused was based on child’s out-of-court statements, which were inadmissible hearsay because government did not show that child available to testify as required by child-hearsay statute; although trial courts presumably do not consider inadmissible evidence, order extensively discussed and relied upon hearsay, and no admissible evidence supported trial court’s findings; any error in trial court’s dismissal of new deprivation charges not addressed because mother could not show any harm from dismissal.

In the Interest of A.T., A11A0495 (06/07/11)

Fulton County Daily Report, June 24, 2011

Order ruling that primary custody of parties’ child should be granted to father, affirmed, as trial court did not err in so ruling, based upon mother’s planned move to New York; mother visited New York with child and moved some of child’s belongings to New York, without receiving written authorization from trial court, despite trial court’s order providing that parties were not to remove child from state of Georgia during pendency of case without further written order from trial court; mother’s claim that trial court erred in failing to make written findings of fact regarding material change in circumstances justifying change in custody to father, rejected.

Gallo v. Kofler, S11A0185 (06/13/11)

Fulton County Daily Report, June 24, 2011

Increase in mother’s visitation with her two children, affirmed, as it did not exceed time of custody allowed to father and thus did not amount to de facto change of custody; trial court did not abuse its discretion in limiting parties’ communication with each other and attendance at children’s extracurricular activities, as these provisions did not infringe upon father’s rights and were narrowly tailored conditions justified by evidence; father failed to show that trial court’s refusal to admit certain cumulative custody evaluation reports was harmful, or that trial court abused its discretion in considering totality of evidence; denial of father’s motion for supersedeas, affirmed, as trial court did not exceed its authority in exempting visitation provisions of final order from supersedeas even after father filed note of appeal.

Blackmore v. Blackmore, A11A1277; A11A1526 (10/07/11)

Fulton County Daily Report, October 21, 2011

Order modifying terms of appellant’s visitation rights, affirmed, as custody evaluation was proper in this case though the case originally involved visitation; parties were divorced and consented to joint legal and physical custody of children; appellee filed petition seeking to modify terms of appellant’s visitation; custody evaluator was assigned to case, and her findings were not to be distributed except with court’s permission; appellant called expert witness who admitted to having copy of custody evaluator’s report; trial court granted appellee’s petition to modify appellant’s visitation; trial court did not err in declining to declare a mistrial after guardian ad litem advised court in chambers about statements made by one child, while appellant was not there, since his attorney was present and made no objection at the time, attorney waited until guardian placed evidence on record in matter before objecting, guardian did not introduce unreported evidence in chambers, and appellant failed to support argument that guardian’s statements so prejudiced court that it could not have ruled properly; prohibiting appellant’s expert from testifying about the report did not violate appellant’s due process rights; expert’s Fourth Amendment right to be free from unreasonable search and seizure was not violated; appellant had no standing to bring Fourth Amendment claim on behalf of expert, and expert consented to the court’s request to view file which contained unauthorized report; appellant properly held in contempt of court for allowing his expert to review the custody evaluator’s report; no error in denying appellant’s motion in limine to exclude from record portions of evaluator’s report that contained the children’s statements; to degree any statements could be considered hearsay, the courts have presumed to have disregarded it.

Gottschalk v. Gottschalk, A11A0262 (07/08/11)

Fulton County Daily Report, July 29, 2011

Trial court’s corder entered in post-divorce lititation, AFFIRMED; trial court did not abuse its discretion in finding mother in contempt for taking parties’ 11 year-old son to counseling because trial court’s previous order gave father final decision-making authority for child’s health and medical issues, and father disappoved of therapist to wom mother took child; trial court did not err when, after finding that mother withheld visitation from father, it dismissed contempt, visitation, and custody portions of mother’s petiton and did not permit mother to present evidence on merits of dismissed claims, pursuant to OCGA 19-9-24 (b); because mother filed current petition for modificaiton of child support 11 months after trial court dismissed her earlier petition for modificaiton of child support, trial court did not err in dismissing portion of mother’s peition seeking modificaiton of child support, pursuant to OCGA 19-6-15 (k)(2); trial court did not err as matter of law when it refused to allow guardian ad litem to interview child’s therapist without father’s consent because mother previously consented to entry of modified consent order appointing guardian ad litem and providing that guardian was not authorized to speak with child’s  therapist without permission of both parents; trial court did not abuse its discretion when it ordered mother to pay remainder of fees owed guardian ad litem because mother was ot prevailing party, and no statute required that trial court consider parties’ relative financial circumstances when apportioning shares of guardian’s fees pursuant to consent order ; trial court did not abuse its discretion in declining to apply rule of sequestration to unidentifed woman in courtroom because woman did not testify; trial court did not lack jurisdiction to deny mother’s motion to set aside award of attorneys’ fees, despite fact that mother previously filed notice of appeal from underlaying judgment, because underlying judgment was final, and trial court’s award of attorney’s fees did not supplment, ament, alther, ormodify that judgment; mother’s application for sicretionary review of denial or her motion to set aside award of attorneys’ fees, proper, because where both OCGA 5-6-34 (a) and 5-6-35(a) are involved, application for appeal is required when uderlying subject matter of appeal is listed in 5-6-34(a).

Avren v. Garten, S11A0688 (05/16/2011).

Fulton County Daily Report, May 27, 2011