SEARCH

In re M.C.J.

Father's contention that his children cannot be found deprived since they are well-cared for by their mother and her family is without merit since the question is whether the child is presently without the proper parental care and control of the offending parent.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In September 1997, the mother of then two-year-old M. C. J. and five-month-old R. A. J. petitioned the juvenile court to terminate the parental rights of the children’s father, who is serving a fifty-year sentence for four counts of aggravated assault. The juvenile court granted the petition and terminated his parental rights. The father appealed, asserting in one of his enumerations that the juvenile court lacked jurisdiction over the case. The guardian ad litem, who had recommended that the father’s rights not be terminated, filed a brief asserting the same arguments as the father.

We agreed with the father and reversed the decision of the juvenile court, holding that the juvenile court lacked jurisdiction to decide the case because it was brought by one parent and was presumptively a custody dispute, jurisdiction over which lies in the superior court. In the Interest of M. C. J., 236 Ga. App. 225 1 511 SE2d 533 1999; see In the Interest of W. W. W., 213 Ga. App. 732 445 SE2d 832 1994 a deprivation case filed between parents is prima facie a custody case and must be brought initially in superior court. The Georgia Supreme Court granted certiorari to consider the correctness of this court’s holdings in In the Interest of M. C. J. and In the Interest of W. W. W.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›