In The Interest Of M. F., A Child (Father).

Juvenile Court Erred By Trying to Retain Jurisdiction Over Case After Guardianship Was Dissolved

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Rickman, Judge.The father of minor child, M. F., appeals from a juvenile court order purporting to temporarily modify the permanent guardianship of M. F. by, inter alia, granting full custodial powers to the father. While not challenging the grant of custody, the father contends that the juvenile court erred by attempting to retain jurisdiction over the case and in doing so, granting visitation to the former guardians and ordering the father to undergo counseling. The father also contends the juvenile court erred by granting the former guardians attorney fees. For the following reasons, we affirm with direction in part and reverse in part. In January 2012, the Juvenile Court of Douglas County put M. F. under a permanent guardianship, finding that the young girl was deprived as a result of problems that both of her parents had with substance abuse.^{^[1]} A little more than two years later, her father filed a petition in the Superior Court of Gwinnett County, alleging that M. F. and her guardians are residents of Gwinnett County, that the Gwinnett County court, therefore, has jurisdiction of matters involving the custody of M. F., that the father has resolved his problems with substance abuse, that he now is a fit parent, and that he ought to have custody of his daughter. Although the petition was denominated a “complaint for custody,” the Gwinnett County court construed it as a petition to modify, vacate, or revoke the guardianship pursuant to OCGA § 15-11-244. As such, the Gwinnett County court concluded that the Juvenile Court of Douglas County properly had jurisdiction of the petition, and it transferred the petition to Douglas County. There, the guardians filed a motion to dismiss the petition, contending that it failed to state a claim upon which relief could be granted because, they argued, a change in the circumstances of a parent is no basis for a modification, vacatur, or revocation of a permanent guardianship. The Juvenile Court of Douglas County granted the motion to dismiss, and the father appeal[ed].

In The Interest Of M. F., A Child (Father).

Juvenile Court Erred By Trying to Retain Jurisdiction Over Case After Guardianship Was Dissolved

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