Trial court’s order awarding sole custody to father, AFFIRMED; trial court was presumably correct in allowing father to bring his petition for modification, because mother did not show that father’s petition was filed as prohibited counterclaim under O.C.G.A § 19-9-23(c); moreover, father’s petition bore a different case number than mother’s petitions and parties’ actions were filed almost simultaneously; doctrine of unclean hands does not apply in child custody cases and trial court was not required to retain custody with mother simply because father picked up minor from mother’s mother and step-father’s house; trial court DID NOT abuse its discretion in finding material change in circumstances affecting minor’s welfare, because mother left minor in her mother and step-father’s care for several months without notifying father and forged court order in attempt to take child away from father.

Lynch v. Horton, A09A1934 (3/03/10), 10 FCDR 638

From the Fulton County Daily Report – 3/19/2010

Grant of mother’s motion for trial court to decline to exercise its jurisdiction under UCCJEA with regard to father’s petition for change of custody of parties 14-year-old son based on child’s selection under OCGA 19-9-3(a)(5), VACATED; Fulton County Superior Court had exclusive, continuing jurisdiction over father’s petition, since it rendered prior child custody determination consistent with UCCJEA and father is Georgia resident with significant connection to state; superior court abused its discretion in declining jurisdiction, because it apparently did not comply with statutory requirement that it shall consider all eight factors set forth in OCGA 19-9-67(b); superior court did not err in considering revised provisions of 19-9-3(a)(5), effective January 1, 2008, since father filed his motion in August 2008; mother’s subsequent filing of contempt motion did not estop her from claiming that Fulton County Superior Court was inconvenient forum from custody proceeding.

From:  Fulton County Daily Report 09/25/2009)

Murillo v. Murillo, A09A1500 (09/10/09), 09 FCDR 2986

Attorneys:  Elizabeth J. Kuhn, Jesus A. Nerio

Judges:  Cynthia D. Wright, Fulton Superior Court;  Appellant Judges:  Andrews, Miller, Barnes

Mother appealed the denial of a  motion to dismiss her husband’s complaint for divorce and child custody, challenging the trial court’s jurisdiction under the UCCJEA.  The trial court was AFFIRMED finding the trial court had jurisdiction over custody matter under OCGA 19-9-61(3); though appellant filed for custody court in West Virginia one month prior to present action, West Virginia dismissed action on jurisdictional grounds, specifically finding that appellant still had Georgia diver’s license, was registered Georgia voter and had credit card bills, utility bills and student loans coming to her Georgia address.

From:  Fulton County Daily Report 9/18/2009

Cohen v. Cohen, Ao9A0843 (09/02/09)

Attorneys:  Dwight T. Feemster, James C. Metts III.

Judge:  Perry Brannen Jr., Chatham Superior Court; Appellant Judges Doyle, Blackburn, Adams.