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Strickland v. Strickland

The grandparents did not overcome the rebuttable presumption that it was in the best interest of the children for custody to be awarded to their mother.

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Following a bench trial, the superior court granted permanent custody of three minor children to their maternal grandparents. The children’s mother appeals from the denial of her motion for new trial, contending, inter alia, that the evidence is insufficient to support the superior court’s order depriving her of her right as a parent to the care and custody of her children. After a thorough review, we find that the grandparents have not proven by clear and convincing evidence that the children will suffer either physical or significant, long-term emotional harm if they are placed in the mother’s custody. Accordingly, we reverse the grant of permanent custody to the grandparents.

In a custody dispute between a parent and a third-party relative, there is “a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents of such child.” OCGA § 19-7-1 b.1. A third party relative may overcome this statutory presumption only by showing, with clear and convincing evidence, that the children will suffer either physical or significant, long-term emotional harm if custody is awarded to the parent. See Clark v. Wade, 273 Ga. 587, 598-599 IV 544 SE2d 99 2001. When reviewing a superior court’s custody ruling, we view the evidence in the light most favorable to the trial court’s decision. See Whitehead v. Myers, 311 Ga. App. 680, 688 1 716 SE2d 785 2011.

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