In the INTEREST OF E. N., a Child.
343 Ga. App. 178
| Ga. Ct. App. | 2017Background
- Child E.N. was removed from parental custody and adjudicated dependent based on the mother’s mental illness.
- While dependency proceedings were pending, the father filed for divorce in superior court; that court referred custody to the juvenile court and ultimately the superior court adopted the juvenile court’s recommendation awarding custody to the father. The mother did not appeal the superior court custody order.
- The mother later moved in the juvenile court (in the dependency case) for return of custody and for a finding that E.N. was no longer dependent as to her.
- The juvenile court held a hearing on the mother’s motion and denied it; the mother appealed that denial.
- The Court of Appeals concluded the juvenile court lacked jurisdiction to adjudicate permanent custody/change the superior court’s custody determination absent a superior-court transfer order, vacated the juvenile court’s order, and remanded with instructions to dismiss the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had authority to grant return of custody / terminate dependency as to the mother | Mother argued the juvenile court could hear and grant her motion in the dependency proceeding | Respondents argued juvenile court lacked authority to modify permanent custody set by superior court without a transfer | Juvenile court lacked jurisdiction to rule; order vacated and case remanded for dismissal |
| Whether juvenile courts may award permanent custody absent superior-court transfer | Mother implicitly claimed dependency court could change custody as part of dependency proceedings | Respondents relied on statute and precedent that juvenile courts cannot award permanent custody without superior-court transfer | Juvenile courts cannot award permanent custody without a transfer from superior court |
| Proper remedy for lack of jurisdiction (deny vs dismiss) | Mother received denial; she sought appellate review | Respondents maintained the court’s decision should stand or be dismissed for lack of jurisdiction | Court held the juvenile court should have dismissed the motion rather than deny it |
| Appropriate forum for future custody change requests | Mother sought relief in dependency court | Respondents pointed to separate-action requirement in superior court/family court | Court noted mother may seek change of custody in the appropriate court (superior/family) based on material change and child’s best interests |
Key Cases Cited
- Ertter v. Dunbar, 292 Ga. 103 (interpretation that juvenile court may award temporary custody but cannot award permanent custody absent superior transfer)
- Owen v. Owen, 183 Ga. App. 472 (juvenile court lacked authority to modify custody provisions of a final divorce decree without superior-court transfer)
- Neal v. Washington, 158 Ga. App. 39 (Juvenile Code not intended to resolve parental custody disputes unless superior court properly transfers the matter)
- In the Interest of K. R. S., 253 Ga. App. 678 (juvenile court should dismiss matters outside its jurisdiction)
- Amoakuh v. Issaka, 299 Ga. 132 (custody modification requires showing material change affecting child’s welfare)
- In the Interest of M. F., 298 Ga. 138 (recognizing reappearance of a fit parent as a materially significant change in circumstances)