Dunbar v. ERTTER
312 Ga. App. 440
| Ga. Ct. App. | 2011Background
- Dunbar is the maternal grandmother of minor A.L., born May 2006; the child's parents are deceased.
- The juvenile court in Coweta County found A.L. deprived and granted Dunbar long-term custody under OCGA § 15-11-58(i).
- The Ertters filed a superior court petition in Cobb County seeking permanent custody in August 2008, while the deprivation case was pending in juvenile court and Dunbar held long-term custody.
- The juvenile court conducted a hearing and, on October 10, 2008, awarded Dunbar long-term custody until A.L. turns 18, leaving permanent custody unresolved in juvenile court.
- The superior court later granted permanent custody to the Ertters in June 2010, despite the unchallenged juvenile court order retaining Dunbar's long-term custody.
- The Ertters' petition in superior court claimed permanent custody was in A.L.'s best interest; the trial court found jurisdiction but the majority concluded it erred due to the existing juvenile order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the superior court had jurisdiction to grant permanent custody while the juvenile court order remained in effect. | Ertters argue superior court may decide permanent custody regardless of juvenile order. | Dunbar argues juvenile order precludes superior court action until transfer or termination paths are pursued. | Superior court erred; could not exercise jurisdiction while existing juvenile order remained. |
| Whether the Ertters were entitled to seek relief in superior court given notice and party status in the deprivation proceeding. | Ertters were eligible but not heard in deprivation; they sought permanent custody in superior court. | Juvenile court proceedings restrict transfer of custody unless proper transfer procedures exist; Ertters were not parties to deprivation. | The Ertters were not bound by abatement; but the superior court should not have exercised jurisdiction given the pending juvenile order. |
| Whether the deprivation proceeding and the lack of a transfer order foreclose permanent-custody actions in superior court. | Legal framework allows superior court to adjudicate permanent custody in appropriate cases. | Transfer and exclusive juvenile-court processes govern custody disputes; superior court cannot grant permanent custody here. | The statute and case law limit jurisdiction; the superior court cannot decide permanent custody while the juvenile court's order stands. |
Key Cases Cited
- West v. Cobb County Dept. of Family, etc., 243 Ga. 425 (1979) (superior court cannot bypass juvenile-deprivation proceedings; limits on end-runs around juvenile court)
- Segars v. State of Ga., 309 Ga.App. 732 (2011) (distinguishes when superior court must defer in custody disputes pending juvenile terms)
- Wiepert v. Stover, 298 Ga.App. 683 (2009) (superior court may adjudicate competing petitions for permanent custody when deprivation is pending but not a deprivation petition)
- Douglas v. Douglas, 285 Ga. 548 (2009) (juvenile court lacks authority to award permanent custody absent a transfer order from superior court)
- Pace v. Pace, 287 Ga. 899 (2010) (distinguishes permanency of permanent custody from long-term temporary custody)