Brine v. Shipp
291 Ga. 376
| Ga. | 2012Background
- This divorce action included termination of the legal father’s parental rights after 13 years of legal fatherhood.
- Biological father Shipp intervened in the divorce and sought legitimation of the child born in wedlock; paternity was confirmed by DNA in 2010.
- The superior court granted Shipp’s legitimation petition, terminated William Brine’s parental rights, and awarded Shipp primary custody.
- Brine appealed, challenging whether the superior court had subject matter jurisdiction to terminate the legal father’s rights within the legitimation proceeding.
- The issue raised concerns under OCGA § 15-11-28(a)(2)(C) (juvenile court exclusive in termination) versus OCGA § 19-7-22(a) (superior court legitimation jurisdiction).
- The Court held that the superior court lacked subject matter jurisdiction to terminate the legal father’s parental rights in this context and reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to terminate rights in legitimation | Shipp contends termination is appropriate under legitimation. | Brine argues juvenile court must handle termination; superior court lacks jurisdiction. | Superior court lacks jurisdiction to terminate legal father’s rights in legitimation. |
| Substance vs nomenclature of petition | Legitimation is the proper vehicle and could involve termination if necessary. | Termination is an independent question; jurisdiction rests with juvenile court for termination. | Termination governs the action; the petition is in substance a termination, not a legitimation. |
Key Cases Cited
- Cothran v. Cothran, 237 Ga. 487 (1976) (superior court cannot terminate parental rights in divorce/custody matters)
- Dein v. Mossman, 244 Ga. 866 (1979) (superior court lacks authority to terminate rights in habeas-like custody action)
- Amerson v. Vandiver, 285 Ga. 49 (2009) (juvenile code jurisdiction over termination; public policy favors juvenile court handling)
- Taylor v. Taylor, 282 Ga. 113 (2007) (superior court order denying visitation not termination of rights)
- In the Interest of A. D. B., 232 Ga. App. 697 (1998) (appellate decisions on jurisdiction in termination-not-adoption contexts)
- Alexander v. Guthrie, 216 Ga. App. 460 (1995) (mother’s right to object to legitimation; distinctions between forms of relief)
- Ghrist v. Fricks, 219 Ga. App. 415 (1995) (termination petitions scrutinized as custody/paternity matters; division clarified)
- Matthews v. Dukes, 314 Ga. App. 782 (2012) (appellate discussion on jurisdiction when termination is ancillary to opposite petition)
- Baker v. Baker, 276 Ga. 778 (2003) (terminology and treatment of legitimation vs termination; best interests considerations)
- Davis v. LaBrec, 274 Ga. 5 (2001) (best interests standard in paternity/legitimation context)