Nicole E. Ernst appeals from trial court orders granting Nicholas Snow’s petition for legitimation and awarding temporary custody of Ernst’s minor child, first to Snow, then to Snow’s parents, and then to Snow again. As of the time of the appeal, a decision on permanent custody had not been made. The record shows that on April 18, 2008, in the Superior Court of Richmond County, Snow filed a verified “Petition for Legitimation, Custody and/or Visitation,” in which he asserted that he was the father of J. L. S. born February 8, 2007, that he had physical custody of the child since her birth, that “her mother lived with me before and after birth,” that he was fit to have custody, and that it was in the child’s best interest to have legal custody placed with him. A “30-Day Conference” was scheduled for May 29, 2008. The record shows that Ernst was properly served with the petition and notice of the conference. Ernst failed to appear at the May 29, 2008 conference, and Snow’s attorney presented his position, but no one testified and no evidence was introduced. Following the hearing, the court entered an order in which it found that Ernst had been properly served. The court ordered that the child be declared the legitimate child of Snow, that Snow have “immediate temporary sole custody” of the child, and that Ernst have certain specified visitation rights. The court also appointed a guardian ad litem.
On September 24, 2008, Ernst moved to reconsider the June 3, 2008 order. In a verified filing, she admitted that Snow is the biological father. She averred that she did not appear at the March 29 hearing because “she had fled the state to escape the physical and mental abuse Snow had subjected her to.” She averred that Snow had abused her mentally and physically and that he had threatened to kill her and her children. She averred that on June 4, 2008, she obtained a temporary restraining order against Snow in Los Angeles, California, but that thereafter, Snow made false accusations to California’s child protective services about alleged drug and alcohol abuse, which resulted in her arrest and the child being placed in foster care in California. She averred that she was tested for drugs and none were found in her system. She was released. After that time, she had unsupervised over-night visitation with the child for about two months in California.
