305 Ga. 23
Ga.2019Background
- Parents were awarded joint legal custody in a Georgia divorce decree (2013); Mother had primary physical custody and moved to Florida with the child during the divorce.
- Father, resident of Georgia, filed a contempt motion and later a petition to modify custody in Camden County (May 21, 2015); a temporary order issued July 8, 2016.
- Father was relocated to Virginia by the U.S. Navy on July 1, 2016; Mother and child later moved out of Georgia (to Florida, then Arizona).
- Mother moved to dismiss the modification action under OCGA § 19-9-62(a)(2), arguing Georgia lost exclusive, continuing jurisdiction because neither parents nor child resided in Georgia when the trial court ruled.
- The trial court dismissed for lack of jurisdiction; the Court of Appeals affirmed. The Supreme Court of Georgia granted certiorari to decide whether jurisdiction is determined at filing or can be lost later when all parties leave the state.
Issues
| Issue | Plaintiff's Argument (Plummer) | Defendant's Argument (Plummer) | Held |
|---|---|---|---|
| Whether a Georgia court retains exclusive, continuing jurisdiction over a child-custody modification once the action is filed even if later all parents and child leave Georgia | Jurisdiction attaches at commencement of the proceeding; because Father filed while he resided in Georgia, Georgia retained jurisdiction despite later relocations | OCGA § 19-9-62(a)(2) requires dismissal once neither child nor parents presently reside in Georgia; the court lost jurisdiction when all parties left | Court held jurisdiction is determined at filing; Georgia retained jurisdiction and dismissal was erroneous |
Key Cases Cited
- Barker v. Barker, 294 Ga. 572 (Georgia Supreme Court) (jurisdiction in domestic relations determined by status at time of filing)
- Deal v. Coleman, 294 Ga. 170 (Georgia Supreme Court) (statutory interpretation: give text its plain and ordinary meaning; consider context)
- Zuber v. Zuber, 215 Ga. 314 (Georgia Supreme Court) (subject-matter jurisdiction depends on existence of relation at time action is instituted)
- Franek v. Ray, 239 Ga. 282 (Georgia Supreme Court) (venue and jurisdiction determined as of filing)
- Cox v. Garvin, 278 Ga. 903 (Georgia Supreme Court) (consideration of official comments to uniform acts)
- Reis v. Ralls, 250 Ga. 721 (Georgia Supreme Court) (consideration of official comments to uniform acts)