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Stone v. Stone

The trial court erred in awarding joint legal custody of the child to the father and the maternal grandmother, as Georgia statutory law supports joint custody arrangements only between parents.

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Pursuant to Supreme Court Rule 34, we granted David E. Stone’s Husband application to appeal the final decree entered in his divorce from Anna Stone Wife. In doing so, we stated our specific interest in determining whether the trial court erred by awarding joint legal custody of the parties’ minor son to Husband and Sandra Webb, the maternal grandmother Grandmother.1 Because Georgia statutory law supports joint custody arrangements only between parents, we must reverse the award of joint legal custody in this case.2

As is pertinent here, the record shows that Husband and Wife have been married to each other twice, and they have one minor son. Husband and Wife were divorced the second time by a decree dated January 13, 2014, and this decree incorporated a parenting plan. Among other things, the parenting plan awarded joint legal custody of the minor child to Husband, who the court specifically found was a fit parental custodian, and Grandmother. Husband was given primary physical custody, Grandmother was given visitation rights, and Wife, who the court found was unfit to have custody, was given only a potential for future visitation.

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