Order removing child custody from mother and granting custody to father, reversed; trial court does not have authority to modify final order of custody during contempt proceeding; trial court should not have granted motion for service by publication because father’s statement that father checked telephone information and directories did not show that father exercised due diligence in attempting to contact mother; specifically, father had been instructed to mail information to mother’s former address and had mother’s phone number and email address; moreover, service by publication did not give mother notice that custody action was pending because notice only mentioned contempt action related to visitation.

Coker v. Moemeka, A11A0005 (07/01/11)

Fulton County Daily Report, July 22, 2011

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