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

A GA father’s parental rights may be terminated if convicted for molesting children and is unable to provide financially for their needs or provide adequate housing.

In the Interest of  E.S.K., A09A0734 (07/13/09)

Judges:  Sanford J. Jones, Fulton Juvenile Court; Phipps, Smith, Bernes.

For more information contact:  CJ Remboldt