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