X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Pipkin, Judge. Lanikki Jones and Young Hughley are the parents of Young Hughley, Jr., a now 18-year-old special needs child. Hughley petitioned for legitimation of his son, which was granted in August 2015. At that time, the parents were granted joint legal custody of their child, with Jones designated as the primary physical custodian. Unfortunately, things turned contentious between the parties leading to years of litigation, accusations, and numerous modifications concerning Hughley’s ability to see and have custody of his son. In this appeal, Jones raises nine enumerations of error. All but one of these enumerations challenge either the various procedural decisions made by the trial court throughout the years-long custody litigation in order to control its own docket or the many custody decisions entered throughout the course of this litigation.[1] Jones acknowledges that these rulings are moot because, as of this writing, her son is now 18 years old. Nevertheless, Jones asserts that this Court should review these enumerations in order to “create a record of the pattern of reversible error committed by the trial court to prevent similarly situated parties from experiencing the same judicial abuse.” Even assuming without deciding that Jones’ claims are all preserved for appellate review, Young Hughley, Jr., is, as Jones concedes, “now legally an adult and no longer in the custody or control of [his parents].” McAlister v. Clifton, 313 Ga. 737, 738 (1) (873 SE2d 178) (2022). See also FrancisRolle v. Harvey, 309 Ga. App. 491, 492 (1) (710 SE2d 659) (2011) (explaining that a trial court’s visitation award terminates by operation of law when the child reaches the age of majority). Therefore, the claims raised by Jones on appeal regarding the trial court’s prior custody and visitation determinations are moot. Consequently, we vacate the portions of the trial court’s orders regarding visitation and remand the case to the trial court with direction to dismiss the claims for custody and visitation. See McAlister, 313 Ga. at 741-742 (1). The single enumeration on appeal that is reviewable by this Court is Jones’ claim that the trial court erred by holding her in contempt and awarding Hughley attorney fees in an April 2022 order. Concerning the contempt ruling, “if there is any evidence from which the trial court could have concluded that its order had been violated, we are without power to disturb the judgment absent an abuse of discretion.” (Citation and punctuation omitted.) Murphy v. Murphy, 330 Ga. App. 169, 177 (6) (b) (ii) ( 767 SE2d 789) (2014). In its lengthy and thorough order detailing the years of litigation in this case, the trial court found numerous instances in which Jones had “willfully disobeyed” the trial court’s orders, had circumvented the procedures the trial court had put in place in order to manage its docket and the litigation in this case, and had consistently impeded and interfered with Hughley’s right to exercise his court ordered visitation rights.[2] On appeal, Jones argues only that the child did not wish to visit Hughley; she does not, however, challenge the trial court’s factual determinations underpinning the contempt finding, and there is nothing in the record before us to indicate that the trial court abused its discretion by concluding that Jones routinely and willfully disobeyed its orders in this case. Accordingly, this claim is without merit. Finally, Jones makes a blanket argument that the trial court erred by awarding attorney fees in this case because the contempt finding was entered in error. However, because we have affirmed the trial court’s contempt ruling, and because Jones has failed to provide any other basis on which we can reverse the trial court’s award of attorney fees, we affirm the trial court’s award of attorney fees. Judgment affirmed in part, vacated in part, and remanded with direction. Barnes, P. J., and Gobeil, J., concur.

 
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
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Educational law firm seeks highly motivated Litigation Associate admitted in New Jersey with 3-6 years of first chair trial litigation exper...


Apply Now ›

McCarter & English, LLP is actively seeking a junior to midlevel litigation associate for its office located in Wilmington, DE. Two to f...


Apply Now ›

Boston, MA; Minneapolis, MN; New York, NY; Philadelphia, PA; Pittsburgh, PA; Princeton, NJ; Washington, D.C.; West Palm Beach, FL Descriptio...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›