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Barfield v. Butterworth

The paternal grandmother's temporary guardianship of the child did not deprive the superior court of subject matter jurisdiction to entertain the maternal grandmother's custody petition.

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This appeal arises from a child custody action involving the competing interests of a child’s grandmothers. Juanita Barfield, the paternal grandmother, moved to dismiss the petition for custody Dana Butterworth, the child’s maternal grandmother, filed in the Superior Court of Baldwin County, arguing that the superior court lacked subject matter jurisdiction to dissolve letters of temporary guardianship over the child she obtained from the Probate Court of Putnam County after Butterworth commenced this action. The trial court denied Barfield’s motion and issued a certificate of immediate review. This Court granted Barfield’s application for interlocutory appeal, and Barfield now appeals, arguing that the probate court has exclusive jurisdiction over the appointment and removal of guardians. Concluding that Barfield’s temporary guardianship does not deprive the superior court of subject matter jurisdiction to determine whether permanent custody should be awarded to Butterworth, we affirm.

The superior court’s decision regarding its subject matter jurisdiction was based on an application of law to undisputed facts, and we therefore apply a de novo standard of review. Snyder v. Carter, 276 Ga. App. 426 623 SE2d 241 2005.

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