In Re Dw
311 Ga. App. 680
| Ga. Ct. App. | 2011Background
- The case involves a custody dispute between the biological parents and the maternal grandparents over D.W. (b. 2004) and L.W. (b. 2006) with DFCS involvement since 2007.
- L.W. suffered severe medical neglect leading to removal and placement with the maternal grandparents.
- D.W. was diagnosed with significant developmental delay and a speech-language impairment, leading to an individualized education program.
- Parents’ care led to two injuries to D.W., for which they offered no explanations.
- L.W. is suspected to have autism; evaluation confirmed moderate to severe autism requiring constant supervision.
- The juvenile court found the children deprived; grandparents received temporary custody, later seeking permanent custody; superior court adopted the juvenile court’s findings and granted permanent custody to the grandparents with limited visitation; parents moved for reunification and were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grant of permanent custody to grandparents was proper | Grandparents showed harm to children if with parents | Presumption favors parents; parents should retain custody unless harm shown | Yes; grandparents’ custody awarded after clear and convincing evidence of harm to children and best interests. |
| Whether limited parental visitation was proper | Grandparents better meet children's needs; parents unfit for unsupervised access | Parents should have more access | Yes; visitation limited to supervised, weekly sessions. |
| Whether the juvenile court’s recommendation was properly adopted by the superior court | Adoption of findings was appropriate | Need for separate consideration of juvenile order | Adoption proper; juvenile order moot after superior court adoption. |
| Whether the motion for reunification should have been granted | Changed circumstances warranted reunification | No changed circumstances; would harm children | No abuse of discretion; denial affirmed. |
Key Cases Cited
- Galtieri v. O'Dell, 295 Ga.App. 797 (2009) (overcoming presumption in third-party custody disputes; harm standard)
- Clark v. Wade, 273 Ga. 587 (2001) (presumptions and best-interest analysis in custody disputes)
- Burke v. King, 254 Ga.App. 351 (2002) (application of best-interest standard in custody matters)
- Mitcham v. Spry, 300 Ga.App. 386 (2009) (standard of review for custody decisions favorable to trial court)
- Triplett v. Elder, 234 Ga. 243 (1975) (consideration of child’s special needs in custody)
- Williams v. Ferrell, 231 Ga. 470 (1973) (custody considerations for seriously ill or disabled child)
- Haskell v. Haskell, 286 Ga. 112 (2009) (trial court resolves conflicts in evidence in custody cases)
- Flowers v. Robinson, 157 Ga.App. 471 (1981) (mootness of intermediate orders when superior court adopts findings)
- In the Interest of J.N.F., 306 Ga.App. 313 (2010) (juvenile court disposition and review standards)