Award of primary physical custody of couple’s minor child to husband, AFFIRMED, as evidence supported finding that award was in child’s best interest;  wife’s allegations of sexual abuse were inconclusive, wife’s handling of allegations had negative effect on child’s relationship with her father, husband, who worked nights, had assistance with childcare and husband was able to provide for his child’s need.

King v. King, S08F0810 (09/22/08), 08 FCDR 2933.

From:  Fulton County Daily Report 10/03/2008)

Denial of father’s motion to hold mother, father’s ex-wife, in contempt for failing to comply with couple’s 2005 divorce decree, which awarded father legal and primary physical custody of couple’s children, AFFIRMED; grant of mother’s petition for change in custody and award of joint legal an primary physical custody of children to mother, AFFIRMED; consolidation of father’s motion for contempt and mother’s custody petition was not prohibited by O.C.G.A. § 19-9-23, because custody action was filed as separate action in father’s county, not as responsive pleading; moreover, father cannot complain, because he did not object to consolidation and acquiesced in joint hearing; trial court DID NOT ERR in denying father’s contempt motion, because there was no evidence of willful disobedience of court order; trial court DID NOT ERR in granting mother’s custody petition on grounds that material change of condition affecting welfare of children had occurred since last order, because evidence showed that father failed to provide financially for his children, was uninvolved in their lives and did not enforce original custody order despite being awarded primary physical custody of children.

Saravia v. Mendoza, A10A0391, A10A0392 (03/31/10), 10 FCDR 1173

From:  Fulton County Daily Report, (04/16/2010).

Termination of mother’s parental rights to her three children, AFFIRMED, as evidence supported it; mother had history of displaying bizarre, paranoid behavior, she stopped taking her prescribed medication and skipped her mental health appointments, she failed to clean her home, she provided no evidence of employment or ability to pay monthly living expenses, she failed to pay child support and she failed to maintain bond with her children.

In the Interest of S.P., A09A15 (11/12/09)

From:  Fulton County Daily Report  (12/4/ 2009)

GA orders granting sole custody of son to mother and sole custody of daughter to father, AFFIRMED;  mother’s contention that juvenile court erred in denying motion for reunification was meritless, since juvenile court sustained motion for reunification; juvenile court was authorized to find material change in circumstances because mother had suffered decline in mental health; juvenile court did not abuse discretion by determining that it was in daugher’s best interest to live with father, despite father’s acts of family violence; juvenile court did not err in denying mother’s discovery requests as untimely, because re-trial order required all discovery to be filed by 30 days after order and mother waited until almost nie moths later to file motion to compel discovery.

In the Interest of T.S. & L.S., A09A1294 (11/05/09)

From:  Fulton County Daily Report (12/4/2009)

Judgment AFFIRMED in parties’ divorce case; trial court correctly avoided any assumption against mother’s relocation to Pennsylvania and did not abuse its discretion in awarding priomary physical custody of parties’ young child to father; trial court had authority to discount any evidence of grandparents’ previous voluntary support of their grandchild, given parties’ substantial incomes.

Haskell v. Haskell, S09F1100 (11/02/09).

From:  Fulton County Daily Report (11/11/2009)

Termination of mother and father’s parental rights and award of custody to DHR, AFFIRMED, juvenile court did not lack jurisdiction to proceed with dispostional hearing, even though parents executed voluntary surrender in favor of maternal great-grandparents on September 15, 2008, since juvenile court’s order, wich was not filed until September 17, 2008, clearly stated that it was nunc pro tunc to September 3, 2008, date of termination hearing; juvenile court did not abuse its discretion in treating great-grandparents’ ages as dispositive factor in dispositional hearing, because juvenile’s court’s duty to consider best interest of child gives court discretion to consider many factors and evidence showed that DHR recommended foster family for child’s long-term placement and child had developed attchements to family.

In the Interest of D.C.H., A09A1557 (11/06/09)

From:  Fulton County Daily Report, 12/4/2009

Order finding child deprived AFFIRMED as evidence supported it; evidence showed that then 5-month-old infant was sexually abused while she was solely in care of her mother and father and mother failed to protect infant from injury.

IN THE INTEREST OF K.L., (a09a1449 (10/21/09)

From:  Fulton County Daily Report (11/06/2009)

Denial of mother’s request to change son’s name AFFIRMED; trial court did not abuse its discretion in denying application because of biological father’s objection, since OCGA 19-12-1(c) is not limited to parents within legal definition of statute, but also may encompass biological parents.

From:  Fulton County Daily Report (10/23/09).

In re Candelaria, A09A1497 (10/02/09)

Attorneys:  Marc E. Sirotkin, Marcos Candelaria (pro se);

Judges:  Richard E. Hicks, fulton Superior Court; Blackburn, Adams, Doyle, Georgia Court of Appeals

Order of ajudication and grant of custody to paternal grandparents REVERSED AND VACATED  as juvenile court erred in granting service by publication on childen’s mother; paternal grandparents had available communication channels through which they could have notified mother of hearing, but failed to do so, and juvenile court also failed to place any burden on paternal grandparents to determine what notice they had given her; juvenile court lacked personal jurisdiction over mother based on its improper grant of service by publication and erred in failing to set aside its ajuduication order when mother’s physical location was known and no one attempted to personally serve her.

From:  Fulton County Daily Report (10/23/2009)

Taylor v. Padgett, A09A1384 (10/06/09), 09 FCDR 3247

Attorneys:  Shawn D. Bible, John S. Husser

Judges:  J Michael Giglio, Catoosa Juvenile Court; Miller, Andrews, Barnes, Georgia Court of Appeals

Grant of change of custody to father, AFFIRMED, as trial court did not err in admitting evidence of mother’s sexual infidelity; ample evidence supported trial court’s ruling that there was material change of condition warranting change in custody and no evidence showed that trial court considered any outside factors related to whether there was material change of condition; trial court did not abuse its discretion in modifying custody to grant father primary physical custody, because nothing showed that trial court’s ruling was based on anything other than child’s best interests; although trial court acknowledged that both parents were fit and nurturing and both had established loving relationship with child, trial court awarded custody to father, because mother planned to move to Fort Bragg with no family or support system, mother’s new husband was subject to deployment every three months for 10 years, while father lived in Missouri, where father had strong support system and where child had spent considerable time with father’s parents, while father was deployed or in training.

Fulton County Daily Report (10/23/09)

Mitcham v. Spry, A09A1859 (10/07/09), 09 FCDR 3244

Attorneys:  Stanley E. Dreimer Jr., Aaron B. Chausmer and Benjamin I. Fink

Judges:  Myra H. Dixon, Fulton State Court; Adams, Boyle, Mikell, Georgia Court of Appeals