Hill et al. v. Iles

The trial court was not authorized to award custody to father because the only issue before the trial court was father's appeal of the denial of his motion to vacate the temporary letters of guardianship.

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McMillian, Judge.Willie and Yvonne Hill, the maternal grandparents of K. L., a minor child, appeal the trial court’s award of sole legal custody of K. L. to her father, Gerren Iles (“Father”). The Hills assert that the trial court erred in awarding Father sole legal custody of K. L. because (1) the only issue before the trial court was Father’s motion to vacate the Hills’ guardianship of K. L. and (2) K. L.’s mother (“Mother”) was not given notice of the pending action or hearing date.^{^[1]} For the reasons that follow, we vacate and remand.

We review a trial court’s order regarding a change in custody or visitation for an abuse of discretion. Jackson v. Sanders, 333 Ga. App. 544, 558 (5) (773 SE2d 835) (2015). However, whether a trial court is authorized to modify custody is a question of law, and we owe no deference to the trial court’s ruling. See Hammonds v. Park, 319 Ga. App. 792, 794 (3) (735 SE2d 801) (2012).The limited record shows that K. L. was born in 2007. Father was not listed on the birth certificate. Father and Mother later married in 2008 and moved to Texas to live with Father’s parents. In 2009, Mother took K. L. to Georgia, and in 2010, Mother sent K. L. to live with the Hills. In July 2012, with Mother’s consent, the Hills filed a petition for temporary letters of guardianship of K. L. in the Probate Court of Walton County. Because the Hills alleged that Father’s address was unknown, he was served by publication.^{^[2]} The probate court then granted the Hills’ petition.

Hill et al. v. Iles

The trial court was not authorized to award custody to father because the only issue before the trial court was father's appeal of the denial of his motion to vacate the temporary letters of guardianship.

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