Custody to the Grandparents. The Court of Appeals affirmed the judgment awarding custody of Kyung Trotter and Michael Ayers Jr.’s minor child to the child’s paternal grandparents, holding that the trial court did not apply the wrong legal standard for determining when a third party can be granted custody of a minor child over the biological parents. In so holding, the Court noted that the custody dispute arose in 2009, when the child was being raised by the paternal grandparents, having been abandoned by the father, thus the standard is predicated on O.C.G.A. § 19-7-1 (b.1), which governs custody disputes between a biological parent and a limited number of third parties who are related to the child, including grandparents. The trial court’s final custody order reflected that the trial court properly applied the correct legal standard in ruling that the presumption in favor of granting custody to the mother was rebutted by clear and convincing evidence and that the child’s best interests would be better served by awarding custody to the paternal grandparents. The Court also held that, absent a transcript, the trial court’s rulings regarding the sufficiency of the evidence and several additional alleged errors were presumably correct. Next, the trial court did not err in granting the guardian ad litem’s request for a custody evaluation, as Superior Court Rule 24.9 (8) (a) authorizes the same. Finally, the mother failed to carry her burden of showing harm from the court-appointed custody evaluator’s failure to timely provide her with a written report of the evaluation; the trial court did not err in permitting the grandparents to intervene in response to the mother’s petition seeking a change in custody; the record belied the mother’s contention that the trial court did not rule on her motion to dismiss the grandparents’ motion to intervene; and the mother’s pro se brief violated Court of Appeals Rule 25 (a) (1), because many pages of the procedural and factual background section contained no ‘ “citation of such parts of the record or transcript essential to a consideration of the errors complained of.”
Custody to the Grandparents. For more information about the facts of this case, see Trotter v. Ayers, A12A0702 (03/05/12).
Fulton County Daily Report, March 16, 2012
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