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Phillips v. Phillips

A child's former stepfather had no legal right to child custody since he had not adopted the child while he was married to the child's mother.

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Misty Gail Phillips filed for divorce from Brandon Kyle Phillips on March 2, 2011 in Cobb County. At the time the couple married, June 3, 2006, Ms. Phillips had a young son, K. B. Mr. Phillips is neither the biological nor the legal father or K. B. During their marriage, the couple had a daughter, K. P. Following a March 22, 2011 temporary hearing, the trial court granted the couple joint physical and legal custody of their daughter and granted the mother primary physical custody of K. B. and the father joint legal custody and visitation with K. B., The trial court’s temporary order stipulated that the children “not be around” Timothy White, Ms. Phillips’ boyfriend. On April 25, 2011, Mr. Phillips filed a petition for contempt and for immediate change of custody, alleging that the mother was still living with White, that the children had been exposed to domestic violence in the home, and that the children were concerned for their safety.

At a May 17, 2011 hearing on the petition, the maternal grandmother, Karen Williams Haynes, testified that the Department of Family and Children Services DFACS had become involved in the situation because K. B. had bruises on his face. She testified that K. B. was staying with her, and that DFACS would not “open up a DFACS case” if Mr. Phillips had custody of K. B. After hearing all of the testimony, the trial court issued an order on the petition granting primary physical custody of K. P. to the father, and, over the objection of the mother, continuing the his joint legal custody and visitation rights with K. B. The trial court also appointed a guardian ad litem, and set another hearing for June 3, 2011.

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