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Prabnarong v. Oudomhack

The trial court erred in exercising emergency jurisdiction and awarding temporary custody of the minor child to her maternal uncle, in contravention of an order a court in the state of Washington issued awarding physical custody to her father, as there was no true emergency requiring the Georgia court to exercise such jurisdiction pursuant to O.C.G.A. § 19-9-64 subsection a.

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In this appeal, we review the question of whether a Georgia trial court properly exercised emergency jurisdiction when it, in contravention of an order issued by a court in the state of Washington awarding physical custody of a minor child to the child’s father, awarded temporary custody of the child to the child’s maternal uncle after the death of the child’s mother who had been the primary custodial parent and had resided with the child in Georgia at the time of her death. Because there was no basis for the trial court’s exercise of emergency jurisdiction, we reverse.

The pertinent facts of this appeal are undisputed. The mother of the minor child, V. P.,1 and the child’s father, Sirichai Prabnarong, were divorced by decree entered in a Washington court on December 20, 2005. Pursuant to a parenting plan the court incorporated into the divorce decree, the mother was awarded primary physical custody of V. P., and later moved with V. P. to Georgia. The mother remarried and had another child. V. P. resided in Georgia for nine years before her mother died on October 15, 2014; she lived with her mother and stepfather. V.P’s maternal grandparents and uncle resided nearby in Georgia. After the divorce and before the mother’s death, the father had continued to live in Washington, and had exercised visitation with V. P. during the child’s summer breaks from school.

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