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Odion v. Odion

The trial court properly found that it was an inconvenient forum and that a court of Texas was a more appropriate forum to hear a father's action for change of child custody and contempt.

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Gege Odion appeals the trial court’s order determining that it is an inconvenient forum and declining to exercise jurisdiction over this action for change of custody and contempt. We conclude that the trial court did not abuse its discretion in considering the eight factors of OCGA § 19-9-67 b, the child custody inconvenient forum statute, and declining to exercise jurisdiction. We therefore affirm.

In a proceeding in the Superior Court of Gwinnett County, Gege Odion and Titlayo Odion were divorced in 2003, and physical custody of their two children was awarded to Titlayo Odion. Titlayo Odion and the children moved from Georgia in 2003, first to New Jersey and then, in 2011, to Texas. Gege Odion filed this action in 2012, seeking, among other things, physical custody of the children. Titlayo Odion filed a “Motion to Dismiss for Inconvenient Forum,” along with an answer and counterclaim for contempt. After conducting a hearing, the trial court entered an order declining to exercise jurisdiction, staying the matter, and administratively closing it.

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