Segars v. State
309 Ga. App. 732
| Ga. Ct. App. | 2011Background
- Segars are the paternal grandparents of A.S. and sought custody in July 2009, filing for temporary letters of guardianship in Baldwin County Probate Court.
- On July 22, 2009, Morgan County Juvenile Court took A.S. into shelter care; a 72-hour hearing on July 27, 2009 resulted in DFACS being awarded temporary custody.
- Segars sought to intervene in the deprivation action in juvenile court (denied August 19, 2009, nunc pro tunc August 11, 2009) and did not appeal that denial.
- DFACS filed a separate termination action against A.S.’s parents on December 11, 2009; Segars learned of it by January 2010 but did not intervene in that action.
- On January 19, 2010, Segars filed a Custody Complaint in Superior Court seeking temporary and permanent custody and asking to stay the juvenile court proceedings.
- The juvenile court held a termination hearing on January 27, 2010, terminating parental rights on February 5, 2010 and finding Segars unsuitable as relative placements; custody for adoption was placed with DFACS.
- Segars moved for an injunction in Superior Court in February 2010; the court granted summary judgment for DFACS on May 28, 2010; Segars appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court’s jurisdiction forecloses the superior court’s custody action | Segars argue superior court may hear original custody petition | Juvenile court already exercised concurrent jurisdiction and terminated parental rights | Superior court lacked jurisdiction; juvenile court controlled the custody matter |
| Whether failure to intervene or exhaust remedies affects jurisdiction | Segars claim exhaustion/intervention issues should allow relief | Exhaustion/ lack of intervention does not defeat juvenile court jurisdiction | Exhaustion/ failure to intervene did not authorize superior court to decide custody; jurisdiction remained with juvenile court |
Key Cases Cited
- In the Interest of M.C.J., 271 Ga. 546 (1999) (exclusive jurisdiction for deprivation matters; concurrent jurisdiction principles discussed)
- Long v. Long, 303 Ga.App. 215 (2010) (first court to take jurisdiction retains it when concurrent jurisdiction exists)
- Patterson v. Ellerbee, 268 Ga.App. 826 (2004) (exhaustion of remedies; lack of exhaustion can bar superior court relief in deprivation contexts)
- J.M.T., 275 Ga.App. 526 (2005) (intervention in termination actions viability; proper handling of intervention)