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)

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 decree was issued in 2006, was moot, since trial court entered 2010 custody modification 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 jurisdiction when he filed his custody modification 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 modification and parenting plan on basis the Uniform Child Custody Jurisdiction Act generally requires such finds, rejected, since there is no such authority where, as here, the trial court did not decline jurisdiction on basis of being inconvenient forum or stay matter because of another custody action in foreign jurisdiction.

Sondium v. Getachew, 11 FCDR 1470

From:  Fulton County Daily Report:  May 27, 2011

Trial court’s order awarding sole custody to father, AFFIRMED; trial court was presumably correct in allowing father to bring his petition for modification, because mother did not show that father’s petition was filed as prohibited counterclaim under O.C.G.A § 19-9-23(c); moreover, father’s petition bore a different case number than mother’s petitions and parties’ actions were filed almost simultaneously; doctrine of unclean hands does not apply in child custody cases and trial court was not required to retain custody with mother simply because father picked up minor from mother’s mother and step-father’s house; trial court DID NOT abuse its discretion in finding material change in circumstances affecting minor’s welfare, because mother left minor in her mother and step-father’s care for several months without notifying father and forged court order in attempt to take child away from father.

Lynch v. Horton, A09A1934 (3/03/10), 10 FCDR 638

From the Fulton County Daily Report – 3/19/2010