X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Bethel, Justice.Pro se appellants Jack and Lynette Beavers (Appellants) appeal from the dismissal of their petition for habeas relief. Finding no error, we affirm.Appellants are the parents of three minor children. On May 12, 2017, the children were taken from the Appellants’ custody by the Paulding County Division of Family and Children Services (DFCS) and law enforcement officers and placed in temporary foster care. Three days later, on May 15, 2017, DFCS filed a complaint in juvenile court seeking a dependency removal order (DRO). A DRO regarding the children was entered that day following a hearing. A week later, on May 22, 2017, DFCS filed a dependency petition regarding each of the children.[1] On June 23, 2017, the juvenile court entered an Order of Adjudication and Disposition (A&D Order) which, inter alia, found that the Appellants had failed to adequately address past issues of family violence and required them to participate in a family violence assessment and training program and to immediately enroll the children in therapeutic services. Under the A&D Order, DFCS was to maintain temporary legal and physical custody of the children pending a permanency hearing.The subject matter of this appeal is a habeas petition that was filed by the Appellants on March 23, 2018, seeking to regain custody of their children following the entry of the A&D Order. In their petition, the Appellants asserted that the children were taken from them without a proper and valid court order and that the juvenile court had improperly issued the DRO.[2] DFCS answered, asserting that it (and not James Provost, the director of the Paulding County DFCS) had legal custody of the children pursuant to a valid juvenile court order.DFCS then moved to dismiss the habeas petition, arguing that the question of the children’s dependency and custody was being decided in ongoing juvenile court proceedings, that the juvenile court has exclusive jurisdiction to hear dependency cases, and that habeas corpus was not an available remedy in this case. DFCS further argued that the proper method for the Appellants to challenge DFCS’s custody of the children was by appealing the juvenile court’s orders in the dependency case, which the Appellants have done.[3] DFCS also argued that the Appellants’ claims were barred by res judicata.The habeas court dismissed the petition and alternately denied it, finding that it was improper because the dependency issues should be and were tried in juvenile court, a dispositive order had already been entered in the juvenile court proceedings, and that even if the habeas court were to assume jurisdiction over the habeas petition, petitioners were not entitled to any of the relief requested. Appellants timely appealed, invoking this Court’s jurisdiction over habeas cases.Even in circumstances in which superior courts can entertain a habeas petition relative to a child custody matter, the habeas petition must allege a cognizable claim for relief at the time it is filed. Wright v. St. Lawrence, 286 Ga. 690, 691 (691 SE2d 880) (2010). Here, the Appellants’ petition alleged a number of defects with the DRO obtained by DFCS allowing for the initial removal of the children from their custody. However, the A&D Order entered by the juvenile court superseded the DRO,[4] effectively mooting each of the issues the Appellants raise regarding the validity of the DRO. Thus, because the Appellants’ habeas petition attacks only the validity of the DRO, it does not present a cognizable claim for relief on which the habeas court could have acted. We therefore affirm the dismissal of the Appellants’ habeas petition.Judgment affirmed. All the Justices concur except Warren, J., disqualified.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

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
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
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
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›