Hammonds v. Parks
319 Ga. App. 792
| Ga. Ct. App. | 2012Background
- Hammonds, custodial father, filed contempt in DeKalb County for alleged custody-order violation by Parks.
- Parks orally moved for change in custody during the contempt hearing; trial court entertained despite venue/custody-proceeding rules.
- December 5, 2011 order awarded Parks temporary custody, ordered production of documents, and set a custody/visitation plan hearing.
- June 7, 2012, two orders: Hammonds jailed for noncompliance and Parks awarded attorney fees; Hammonds appeals.
- Appellate issues include jurisdiction over change in custody, contempt rulings, and reimbursement request; some rulings are challenged or deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the custody modification authorized by the DeKalb court? | Hammonds argues not authorized | Parks contends modification valid | No; modification improperly entertained; reversed |
| Is Hammonds’s contempt ruling moot after incarceration served? | Contempt upheld; but jail term served | Contempt still valid on record | Moot; relinquished on release; dismissed |
| Can Hammonds’ reimbursement request be reviewed? | Equitable reimbursement claimed | Not reviewable absent trial-court error | Not reviewed; not enumerated as error |
Key Cases Cited
- Seeley v. Seeley, 282 Ga. App. 394 (2006) (antecedent to OCGA 19-9-23 analysis; custody-modification limits)
- Saravia v. Mendoza, 303 Ga. App. 758 (2010) (counterclaims for custody must follow statute)
- Bailey v. Bailey, 283 Ga. App. 361 (2007) (OCGA 19-9-23 mandatory requirements)
- Kapur v. Roach, 272 Ga. 767 (2000) (statutory counterclaims; custodial defenses not waived)
- Jones v. Jones, 256 Ga. 742 (1987) (change-in-custody not via counterclaim in another action)
- Daust v. Daust, 204 Ga. App. 29 (1992) (contempt actions cannot be vehicle for custody modification)
- Herring v. Herring, 236 Ga. 43 (1976) (mootness of appealed contempt once released)