Stone-Crosby v. Mickens-Cook
318 Ga. App. 313
| Ga. Ct. App. | 2012Background
- Stone-Crosby sought custody of her niece and nephew after parents' murder-suicide.
- Mickens-Cook, paternal grandmother, moved to intervene, filed a deprivation petition in juvenile court, and sought dismissal of the custody action.
- Superior court denied dismissal but granted Mickens-Cook’s intervention.
- Social services conducted an investigation and a custody hearing occurred.
- Trial court awarded custody to Mickens-Cook; Stone-Crosby then moved for reconsideration, setting aside, and new trial, all denied.
- Court affirms the judgment and resolves jurisdiction and evidentiary challenges on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for custody when parents are deceased | Stone-Crosby argues lack of statutory custody jurisdiction | Mickens-Cook contends proper jurisdiction in superior court | Superior court properly retained jurisdiction |
| Sufficiency of new-trial grounds regarding best interests | Final decision relied on separation and financial factors | Trial court weighed best interests with some evidence | No abuse of discretion; some evidence supports custody decision |
Key Cases Cited
- In re J. R. T., 233 Ga. 204 (1974) (orig. jurisdiction in superior court over permanent child custody)
- In the Interest of K. R. S., 253 Ga. App. 678 (2002) (concurrent jurisdiction considerations)
- Dunbar v. Ertter, 312 Ga. App. 440 (2011) (jurisdiction concerns and concurrent jurisdiction limits)
- Segars v. State of Ga., 309 Ga. App. 732 (2011) (first court to take jurisdiction retains it when concurrent)
- In the Interest of C. L. C., 299 Ga. App. 729 (2009) (disguised custody matter not within juvenile court)
- Wiepert v. Stover, 298 Ga. App. 683 (2009) (policy on jurisdiction in concurrent tribunals)
- Zinkhan v. Bruce, 305 Ga. App. 510 (2010) (collateral attack on guardianship; proper context for jurisdiction)
- Morris v. Mullis, 264 Ga. App. 428 (2003) (first court to take jurisdiction retains it absent equitable reasons)
- Cook v. Huff, 274 Ga. 186 (2001) (standard for appellate review of new-trial denial)
- Todd v. Todd, 287 Ga. 250 (2010) (not applicable where best interests were considered; rejects rigid policy)