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

If parents test negative for illegal drug use, parents are gainfully employed, pass a home inspection, visited children regularly, and there are no safety concerns, the parents are fit and there can be no termination of parental rights.

In the Interest of D.L.T., A09A1009; A09A1010 (08/20/09), 09 FCDR 2861.

Judge:  J. Lane Bearden, Gordon Juvenile Court; Mikell,  PJ Johnson, J Ellington.

For more information contact:  CJ Remboldt

GA  juvenile courts lack jurisdiction over the a matter granting temporary custody of a child to a third party, if the deprivation petition is a disguised custody matter filed by the 3^rd party, where a third party specifically asked a juvenile court to remove the child from his mother’s custody and place him in their custody instead.

Also a petition does not a contain valid allegation of present deprivation if it focuses largely upon allegation of past deprivation and potential future deprivation related to mother’s drug use.

In the Interest of C.L.C.;  A09A0798 (08/18/09)

Judges:  Ben Miller / Spalding Juvenile Court; Phipps; Smith; Bernes.

For more information contact: CJ Remboldt

Even if a GA mother is protecting her child from a stepfather’s sexual abuse, and is getting the child the help she needs, if the mother does not fully appreciate all that must be still done to protect and care for her child, the child is deemed deprived.

In the Interest of A.P.,  285 Ga. App. 290, (08/07/09)

Judges:  Sandra W. Miller, Paulding Juvenile Court; P.J. Johnson, J. Mikell, 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 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