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

Order placing 4-year-old boy in DFACS’s custody, rather than with his paternal uncle and aunt, AFFIRMED; OCGA 19-8-7(a) did not require juvenile court to place child with his relatives, regardless of whether child’s father validly surrendered his parental right to them;  OCGA 15-11-103 does not require courts to give preference to family members in placing child following termination of parental rights and, in this case, juvenile court did not abuse its discretion in finding that immediate placement with uncle and aunt was not in child’s best interest, due to emotion impact of abrupt transition away from his foster family; uncle and aunt had right to directly appeal dispositional order placing boy in DFACS’s custody.

From:  Fulton County Daily Report (10/16/2009)

In the Interest of C.B., A09A1099 (10/01/09), 09 FCDR 3202

Attorneys:  Larry A. Ballew, Randall A. Meincke, thurbert E. Baker, Shalen S. Nelson, Kathryn A. Fox, Rochelle A. Doyle, Jennifer L. Pirrung

Judges:   J. Russell Jackson, Forsyth Juvenile Court; Phipps, Smith, Bernes, Georgia Court of Appeals.

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.

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