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  • Sadler v. Rigsby

    Publication Date: 2017-11-14
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Diane Sternlieb (Attorney at Law), Carrollton, for appellant.
    for defendant: Desiree Duke, Timothy Heath (The Duke Law Firm, LLC), Carrollton, for appellee.
    Case Number: A17A1300

    Because the trial court failed to issue findings of facts related to its ruling on custody and child support as the Court of Appeals had directed it to do on remand, the Court vacated that portion of the trial courts judgment on the issue of child support and remanded the case for further proceedings consistent with its opinion.

  • In The Interest of A. F. et al., children

    Publication Date: 2017-11-09
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Jeffrey (Attorney at Law), Marietta, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Marie Watson (Marie Y Watson & Associates PC), Avondale Estates, for appellee. Leslie Abbott, Temika Murry (DeKalb County Child Advocacy Center), Decatur, for other party.
    Case Number: A17A1171

    The juvenile court erred in failing to hold a hearing on mother's motion for new trial in a termination of parental rights proceeding before denying the motion.

  • In The Interest of E. N., a child

    Publication Date: 2017-11-08
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Roger Montgomery (Attorney at Law), Talbotton, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Sherry Goodrum (Law Office of Sherry B. Goodrum), Columbus; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Gary Byrd (Attorney at Law), Hamilton, for other party.
    Case Number: A17A1040

    The juvenile court lacked jurisdiction to rule on the issue of custody in dependency proceedings because the superior court had not transferred the motion for return of custody to the juvenile court so the Court vacated the juvenile court's denial of the motion.

  • Patton v. Vanterpool

    Publication Date: 2017-11-07
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellant.
    for defendant: David Benton Purvis, Michael Eric Manely (The Manely Firm, PC.), Marietta, for appellee.
    Case Number: S17A0767

    The Court reversed the grant of summary judgment to mother on the issue of paternity in a divorce action, finding that O.C.G.A. 19-7-21, which creates an irrebuttable presumption of legitimacy with respect to children conceived by means of artificial insemination does not extend to children conceived by in-vitro fertilization treatment.

  • Provenzano v. Jones

    Publication Date: 2017-10-23
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: David Jonathan Beaudry, Joann Brown-Williams, Robin Krystle Love (Meriwether & Tharp LLC), Alpharetta, for appellant.
    for defendant: Charles McCall Medlin, Winfield Lennard Pollidore, Erica Faith Byrd (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellee.
    Case Number: S17A0688

    The trial court did not abuse its discretion in reducing husband's alimony obligation pursuant to Georgia's "live-in lover" law, O.C.G.A. 19-6-19 subsection (b), because wife voluntarily cohabited in "a meretricious relationship with a third party."

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  • In The Interest Of C. H. et al., children.

    Publication Date: 2017-10-13
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Corinne Mull (Mull LLC), Decatur, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Linda Taylor (Hunnicutt & Taylor), Newnan; David Taylor (David Taylor, Attorney at Law LLC), Newnan, for appellee.
    Case Number: A17A1320

    The juvenile court violated parents' due process rights, including their right to counsel, and therefore erroneously denied parents' motion to set aside the custody orders awarding temporary custody of their children to the Department of Family and Children Services.

  • In the interest of E. G. L. B. et al., children.

    Publication Date: 2017-10-11
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Rodney Quarles (Attorney at Law), Chatsworth, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Dennis Dunn (Deputy Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Cynthia Johnson (Johnson Law PC), Cohutta; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee.
    Case Number: A17A0881

    There was not clear and convincing evidence supporting the juvenile court's order terminating father's parental rights to his two minor children and the Court of Appeals thus vacated the order.

  • McDowell v. Bowers et al.

    Publication Date: 2017-10-10
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Lloyd D. Murray, Sr., (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Karen Barr (Attorney at Law), Savannah, for appellee.
    Case Number: A17A0948

    The trial court erred in permitting the child's biological grandparents to intervene in a non-relative third party's petition to adopt the child because the grandparents were not permitted under Georgia law to intervene under the circumstances presented in this case.

  • Hill et al. v. Iles

    Publication Date: 2017-10-10
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Marcy Hanks (Foster, Hanks & Ballard, LLC), Monroe, for appellant.
    for defendant: Markeith Wilson (M. D. Wilson Law, LLC), Atlanta, for appellee.
    Case Number: A17A1079

    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.

  • Ross v. Ross

    Publication Date: 2017-10-04
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Jason G. Smith (Attorney at Law), Newnan, for appellant.
    for defendant: Patrick Joseph Fox (McNally, Fox, Grant & Davenport, P.C.), Fayetteville, for appellee.
    Case Number: S17A0799

    The trial court erred in finding that it had jurisdiction to modify a Connecticut child support order as Connecticut had continuing, exclusive jurisdiction over the child support order because husband was still a resident of Connecticut and neither party had provided written consent for a Georgia tribunal to exercise jurisdiction over the matter.