In January 2012, the Juvenile Court of Douglas County put M.F. under a permanent guardianship, finding that the young girl was deprived as a result of problems that both of her parents had with substance abuse.1,2 A little more than two years later, her father filed a petition in the Superior Court of Gwinnett County, alleging that M.F. and her guardians are residents of Gwinnett County, that the Gwinnett County court, therefore, has jurisdiction of matters involving the custody of M.F., that the father has resolved his problems with substance abuse, that he now is a fit parent, and that he ought to have custody of his daughter. Although the petition was denominated a complaint for custody, the Gwinnett County court construed it as a petition to modify, vacate, or revoke the guardianship pursuant to OCGA § 15-11-24. As such, the Gwinnett County court concluded that the Juvenile Court of Douglas County properly had jurisdiction of the petition, and it transferred the petition to Douglas County. There, the guardians filed a motion to dismiss the petition, contending that it failed to state a claim upon which relief could be granted because, they argued, a change in the circumstances of a parent is no basis for a modification, vacatur, or revocation of a permanent guardianship. The Juvenile Court of Douglas County granted the motion to dismiss, and the father appeals.3 We affirm in part and reverse in part.
1. To begin, the father claims that his petition was properly filed in Gwinnett County and that the transfer of his petition to Douglas County was in error. We disagree. It is true, as the father notes, that superior courts generally have original jurisdiction of petitions for the permanent custody of a child. See Ertter v. Dunbar, 292 Ga. 103, 104-105 734 SE2d 403 2012. Nevertheless, juvenile courts have original jurisdiction of proceedings under OCGA § 15-11-240 et seq. for permanent guardianships. See OCGA § 15-11-10 3 B juvenile court shall be the sole court for initiating action . . . involving any proceedings . . . for permanent guardianship brought pursuant to the provisions of Article 3 of this chapter; OCGA § 15-11-240 a the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article.4
