Judgment granting appellee’s petition for legitimation and awarding temporary custody of appellant’s child, first to appellee, then to appellee’s parents and then to appellee again, VACATED; trial court erred in granting appellee’s petition to legitimate, since no evidence was presented regarding issues necessary for determination of whether to grant legitimation at May 29, 2008, 30 Day Conference on appellee’s petition; for same reason, trial court erred in granting appellee’s petition for temporary custody, since only mother is entitled to custody of child, until legitimation is properly entered; no authority grants legitimation by default; case remanded with direction for proceedings consistent with this opinion.
Ernst v. Snow, A10A0602 (07/13/10), 10 FCDR 2452
From: Fulton County Daily Report, 07/30/2010.