Long v. Long

The trial court erred in enjoining DHR and DFACS actions and staying the actions of the juvenile court, because the superior court and the juvenile court had concurrent jurisdiction over the temporary custody of the mother's children and the juvenile court exercised jurisdiction first.

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Christine Denise Long appeals from the trial court’s order in her pending divorce action. The Superior Court of Burke County enjoined the Department of Human Resources and the Burke County Department of Family and Children Services the “Department”, the temporary custodian of Long’s minor children, from allowing the children to live with Long or to visit with her unsupervised and stayed the Burke County Juvenile Court from taking any action which would result in a contrary decision. We reverse because the juvenile court had prior jurisdiction over the temporary custody of Long’s children in light of the ongoing deprivation action. Long also appeals the trial court’s disposition of a discovery matter, which we affirm. The record shows that Long’s ten minor children were taken into the protective custody of the Department on July 31, 2008. A deprivation action with respect to the children was subsequently filed in the juvenile court.

In December 2008, the grand jury returned an indictment charging Long and her husband with ten counts of cruelty to children in the second degree and five counts of failure to educate. On February 16, 2009, Long filed a complaint for divorce in the superior court. On the afternoon of March 23, 2009, the State of Georgia, acting through the District Attorney’s Office of the Augusta Judicial Circuit the “district attorney”, filed an amicus brief in superior court suggesting an “immediate third party custody transfer” of Long’s minor children to the foster parents with whom the children were residing.

Long v. Long

The trial court erred in enjoining DHR and DFACS actions and staying the actions of the juvenile court, because the superior court and the juvenile court had concurrent jurisdiction over the temporary custody of the mother's children and the juvenile court exercised jurisdiction first.

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