Judgment denying father’s motion to vacate judgment of divorce AFFIRMED, and judgment modifying father’s custody order, AFFIRMED; father’s contention that divorce court lacked jurisdiction based on residency of his children, whom he alleged resided in Ethiopia when divorce was filed and when divorce decreee was issued in 2006, was moot, since trial court entered 2010 custody modificaiton and parenting plan order, it was uncontested that children and their mother resided in Dekalb county then and father submitted himself to trial court’s personal jurisdcition when he filed his cusotdy modificaiton pleading and he appeared for hearing on same; father’s contention that trial court erred in failing to make jurisdictional findings regarding children’s home state in body of 2010 custody modificaiton and parenting plan on basis that Uniform Child Custody Jurisdiciton Act generally requires such findings, rejected, since there is no such authority where, as here, trial court did not decline jurisdiciton on basis of being inconvenient forum or stay matter because of another custody action in foreign jurisdiciton.

Wondium v. Getachew, S11A0647 (05/16/2011)

Grant of defendant’s motion to dismiss, REVERSED; when trial court considered matters outside pleadings, such as affidavits and testimony from underlying divorce proceedings, it converted motion to dismiss into motion for summary judgment and plaintiff was entitled to hearing following his timely request.

Fitzpatrick v. Harrison, A09A1409 (10/30/09)

From:  Fulton County Daily Report (11/30/2009)

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