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Albright v. Peterson

The trial court properly approved the adoption petition of the 23-month-old child's aunt and uncle who were raising her over the adoption petition of the child's out-of-state grandparents.

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The Albrights, maternal grandparents of D.M.P., appeal the Final Decree of Adoption that denied their petition to adopt D.M.P. and granted the adoption petition of the Petersons, the child’s paternal uncle and aunt. For the reasons that follow, we affirm the trial court’s judgment.

1. The Albrights first contend that the Final Decree of Adoption is void because the juvenile court judge who presided over the consolidated adoption cases was not authorized to do so. The record indicates that the superior court requested that a juvenile court judge be designated to rule upon both adoption petitions. The Albrights claim that in doing so that the superior court failed to strictly follow OCGA § 15-1-9.1. Specifically, they argue that there was no statutory basis for requesting judicial assistance, that the chief judge of the superior court did not make the request, that the superior court did not file a written request, and that the juvenile court judge was never appointed “superior court judge pro tempore.”

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