Ertter v. Dunbar
292 Ga. 103
| Ga. | 2012Background
- Juvenile Court found the child deprived and placed her with a willing relative until age 18.
- Ertters filed for permanent custody in Cobb County Superior Court shortly after the juvenile order.
- The juvenile order gave custody to Denise Dunbar, the child’s maternal grandmother.
- Superior Court granted permanent custody to the Ertters in June 2010.
- Court of Appeals reversed applying priority jurisdiction, saying juvenile and superior courts had concurrent jurisdiction.
- Supreme Court held there is no concurrent jurisdiction for permanent custody absent a transfer order, so the superior court may decide the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether priority jurisdiction bars the superior court from awarding permanent custody. | Ertters contend there is concurrent jurisdiction; priority jurisdiction is inapplicable. | Dunbar argues the juvenile court’s deprivation and custody order precludes superior court action. | Priority jurisdiction cannot bar; no concurrent jurisdiction exists for permanent custody. |
| Whether the juvenile court has jurisdiction over permanent custody petitions. | Ertters argue superior court transfer is not present, so juvenile court lacks permanent custody authority. | Dunbar asserts juvenile court can act within its statutory scope. | Juvenile court has no authority to award permanent custody without a transfer order. |
| Whether the juvenile court’s custody of a relative-foster arrangement equates to permanent custody authority. | Ertters rely on superior court jurisdiction for permanent custody. | Dunbar emphasizes limited jurisdiction of the juvenile court. | Long-term placement is not permanent custody authority. |
Key Cases Cited
- Dunbar v. Ertter, 312 Ga. App. 440 (2011) (addresses priority jurisdiction in custody disputes and concurrent jurisdiction status)
- Douglas v. Douglas, 285 Ga. 548 (2009) (absence of transfer order; limits juvenile court to deprivation context)
- Wiepert v. Stover, 298 Ga. App. 683 (2009) (permanent custody petitions not based on deprivation may fall outside juvenile court exclusive jurisdiction)
- Snyder v. Carter, 276 Ga. App. 426 (2005) (context cited in limitation discussions of jurisdiction)