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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.

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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.

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