Denial of husband’s motion to set aside judgment in parties’ divorce case and his motion for new trial, AFFIRMED 5-2; evidence presumably supported trial court’s ruling in absence of transcription, and in any event, wife, in her pro se response, directly challenged husband’s factual assertion that providential cause prevented him from attending divorce trial; absent transcription and in light of trial court’s order granting divorce based on ground that marriage was irretrievably broken, husband could not show harm from service of wife’s amended complaint, adding allegations of crueltry and audltery, only two days before trial.

Holmes v. Roberson-Holmes, S10F0130 (05/17/2010), 10 FCDR 1607

From:  Fulton County Daily Report (05/28/2010)

Denial of appellant’s motion for contempt and emergency change of custody, AFFIRMED, as some evidence supported trial court’s ruling that appellee was not in contempt; though parties’ divorce decree did not award child support due to appellant’s then existing health problems, it did not debar appellee from exercising his legitimate right to seek child support at some future time and appellant failed to show that change in custody was necessary or in child’s best interest; absent transcript, evidence presumably supported trial court’s ruling, in any event; after trial court declined to award any child support in divorce action, appellee filed action for child support through Child Support Enforcement Office, which entered order granting support from appellant, though order was later temrinated to to appellant’s health problems.

Jones v. Foster, A10A0278 (05/03/2010), 10 FCDR 1527

From:  Fulton County Daily Report (05/14/2010)

Judgment granting father’s motion to enforce settlement agreement pertaining to child custody and visitation and awarding him primary physical custody of his two children, AFFIRMED; absent transcript, trial court presumably did not err in rejecting mother’s claims that she did not assent to settlement’s terms and lacked capacity to contract at time in question due to medical condition;  Court had jurisdiction over direct appeal of matter, since relevant legal action for jurisdictional purposes was father’s motion to enforce settlement agreement, which he filed after 2007 amendment to OCGA § 5-6-34 providing that all judgments or orders in child custody cases are directly appealable – and not divorce complaint, which was filed prior to amendment.

Martinez v. Martinez, A10A0248 (11/24/09), 09 FCDR 3955

From:  Fulton County Daily Report, 12/18/2009.

A GA mother who suffers from a mood and personality disorders but is adverse to medication, does not comply with the goals of a reunification plan, fails to stabilize her volatility, and fails to maintain steady employment and stable housing, is evidence of a lack of parental care or control causing a child’s deprivation, the deprivation is likely to continue, and the deprivation is likely to cause the child serious harm.

Termination of parental rights is in the best interest of the child when she has been in DFACS custody for all but eight of her 27 months.

Judicial notice of evidence, exhibits, testimony and unappealed court orders in an underlying deprivation proceedings in the same court is not an abuse of discretion when the parent was allowed to confront the witnesses.

Trail counsel is not deficient for stipulating to evidence admitted in prior deprivation proceedings.

In the Interest of S.N.H.   A09A0159 (08/18/09)

Judges:  Phyllis Miller, Gwinnett Juvenile Court;  Mikell, Johnson, Ellington.

For more information contact:  CJ Remboldt

A GA parent who  tests positive for marijuana and cocaine at the inception of a case, has a history of marijuana use, lacks stable and suitable housing, has no stable employment, does not pay child support and continues to reside with the children’s other parent, who has a chronic drug and alcohol abuse problem supports the termination of the parent’s parental rights to her children.

If a court grants a parent application for discretionary appeal, the parent can not show harm from the juvenile court’s alleged failure to provide a transcript.

A juvenile court does not abuse its discretion in determining the children should stay in their stable foster home , where the children have bonded with the foster parents and the foster parents wished to adopt them rather than a grandparent who is away from home for months at a time.

In the Interest of J.J.  A09A1330 (07-17-09)

Judges:  M. Anthony Baker, Cherokee Juvenile Court;  Bernes, Smith, Phipps

For more information contact:  CJ Remboldt

A GA juvenile court’s denial of mother’s request for a termination hearing transcript to be used in her appeal is deemed harmless because a transcript is not required to file the appeal and because the transcript and entire record is available for appellate review.

If a juvenile court considers hearsay testimony, and the testimony is not objected to by parent’s Counsel, counsel’s failure to object will not constitute reversible error if other evidence supports the juvenile court’s findings and conclusion.

In the Interest of D.R., A09A0622 (07/07/09)

Judges:  Vincent Crawford, Dekalb Juvenile Court.  Barnes, Miller, Andrews.

For more information contact:  CJ Remboldt

A GA Superior Court has jurisdiction over the temporary  award of custody of a child to grandparents if complaint was not in nature of a deprivation petition and does not allege they should be granted permanent custody of the child because the child is deprived.

Even if an earlier petition is filed by DFACS and rejected by Juvenile court, if there is no Superior Court order transferring petition to juvenile court , jurisdiction obtained during original deprivation proceeding cannot serve to retain jurisdiction in juvenile court.

If there is no trial transcript the trial court’s remaining rulings are presumed correct.

Wiepert v. Stover, A09A0197 (07/02/09)

For more information contact:  CJ Remboldt