Jones v. Burks

In granting custody to the maternal grandmother, the trial court failed to make preliminary findings by clear and convincing that granting custody to the children's biological father would harm them and that an award of custody to the grandmother was in the children's best interests.

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In this child custody dispute, the noncustodial biological father, appellant-defendant Ralph Jones, challenges the Superior Court of Lowndes County’s judgment awarding custody of his children to their maternal grandmother, appellee-plaintiff Patricia Burks. We granted Jones’ application for discretionary review to determine whether, as he contends, the award of custody to maternal grandmother Burks was error under the OCGA § 19-7-1 b.1 “best-interest-of-the-child” standard for no finding that custody in him would harm the children and no finding that custody in Burks best promoted the children’s welfare and happiness, both preliminary findings upon clear and convincing evidence. Such preliminary findings as mandatory and not made, we reverse and remand with direction. The stipulated record1 shows that Jones and Jennifer Sturgis met in high school while in California. Though they never married, two children were born of their relationship, both girls, ages six and seven at the time of the hearing. After the birth of their first child, Sturgis declined Jones’ marriage proposal, instead electing to relocate to Valdosta, Georgia. Jones followed, moving in with Sturgis and her mother, Burks. Shortly thereafter, Jones, Sturgis, and the child returned to California where they lived with Jones’ mother. A second child was conceived during this period; however, the relationship became strained and Sturgis again returned home to Valdosta.

Jones returned to Valdosta before his second child was born but soon moved back to California upon the belief that he could better support his family from there. Thereafter, he twice moved to Georgia to be nearer to his family, on each occasion moving back to California unable to repair his relationship with Sturgis. Four years after his final return to California, Jones found employment, met his fiancee, and, financially unable to fly back to Georgia, stayed in contact with his children by telephone and by sending them gifts of toys and money.

Jones v. Burks

In granting custody to the maternal grandmother, the trial court failed to make preliminary findings by clear and convincing that granting custody to the children's biological father would harm them and that an award of custody to the grandmother was in the children's best interests.

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