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Floyd v. Gibson

It was not apparent from the trial court's order whether it made the requisite findings in awarding custody of three minor children to their grandmother.

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Shannon Lee Floyd “the father” appeals the superior court’s denial of his motion for new trial following the entry of a final order awarding custody of his children to Sherry Anne Gibson, the children’s maternal grandmother “the grandmother”. Floyd argues that the trial court applied the incorrect standard and that the evidence did not support the court’s custody determination. For the reasons that follow, we vacate the judgment and remand the case for reconsideration.

The record shows that the father and mother, who never married, have three minor children. In May 2013, the Hart County Department of Family and Children Services “DFCS” removed the children from the custody of their mother and placed them with the grandmother following the mother’s drug overdose. On May 14, 2013, the grandmother filed the instant petition for custody of the children. On July 12, 2013, the father, who had not legitimated the children, answered and filed a counterclaim for custody.1 On July 17, 2013, following a hearing, the trial court awarded temporary custody to the grandmother. On September 17, 2013, the court entered an order legitimating the children. Following a custody hearing and briefing by the parties, the trial court awarded custody to the grandmother on November 5, 2013. The father filed a motion for new trial, which was denied, and this appeal followed.

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