Stanfield v. Alizota

Since the issue of the termination of the father's parental rights was raised for the first time in conjunction with an adoption petition, the doctrine of priority jurisdiction did not deprive the superior court of jurisdiction over the termination proceedings here.

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We granted certiorari to consider whether the Court of Appeals properly applied the principle of priority jurisdiction when it held that the Fayette County Superior Court lacked the jurisdiction to terminate Emmanuel Alizota’s parental rights and erred in granting Ryan and Melissa Stanfield’s petition for the adoption of S.K. Alizota v. Stanfield, 319 Ga. App. 256 734 SE2d 497 2012. The Court of Appeals determined that because the juvenile court had previously exercised jurisdiction over a deprivation proceeding involving Alizota and S.K. and had entered a temporary long-term custody agreement, the doctrine of priority jurisdiction deprived the superior court of jurisdiction over the termination proceeding. Id. at 258. Based on this determination, the Court of Appeals vacated the superior court’s order and declined to consider Alizota’s appeal on the merits. This Court granted the Stanfields’ petition for certiorari to consider the question of whether the Court of Appeals properly applied the principle of priority jurisdiction in this case. See Ertter v. Dunbar, 292 Ga. 103 734 SE2d 403 2012. For the reasons which follow, we find the Court of Appeals erred in holding the superior court lacked jurisdiction over the termination proceeding.

The record reflects that on December 3, 2010, the Stanfields filed a petition in the superior court to adopt S.K., Melissa’s 18-month-old niece who had been in their care for over a year after the Georgia Department of Family and Children Services DFACS removed her from her mother’s custody and initiated deprivation proceedings in juvenile court. The Stanfields’ petition for adoption sought the involuntary termination of the parental rights of both Alizota and S.K.’s biological mother.

Stanfield v. Alizota

Since the issue of the termination of the father's parental rights was raised for the first time in conjunction with an adoption petition, the doctrine of priority jurisdiction did not deprive the superior court of jurisdiction over the termination proceedings here.

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