In the Interest of K. P., a Child (Mother)

Court of Appeals of Georgia

In the Interest of K. P., a Child (Mother)

DecidedDecember 24, 2019

DocketA20A0596

StatusPublished

This text of In the Interest of K. P., a Child (Mother) (In the Interest of K. P., a Child (Mother)) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Interest of K. P., a Child (Mother), (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 09, 2019

The Court of Appeals hereby passes the following order:

A20A0596. IN THE INTEREST OF K. P., A CHILD (MOTHER).

The parents of minor child K. P. were divorced in July 2018 with the mother having primary physical custody. The divorce decree incorporated a settlement agreement which provided that the parties agreed to change the last name of the child to the mother’s last name. In October 2018, the mother filed a petition to change the name of the child in accordance with the settlement agreement. Following a hearing, the trial court denied the petition. The mother then filed a timely notice of appeal. We, however, lack jurisdiction. Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). The mother’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/09/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 09, 2019

The Court of Appeals hereby passes the following order:

A20A0596. IN THE INTEREST OF K. P., A CHILD (MOTHER).

The parents of minor child K. P. were divorced in July 2018 with the mother having primary physical custody. The divorce decree incorporated a settlement agreement which provided that the parties agreed to change the last name of the child to the mother’s last name. In October 2018, the mother filed a petition to change the name of the child in accordance with the settlement agreement. Following a hearing, the trial court denied the petition. The mother then filed a timely notice of appeal. We, however, lack jurisdiction. Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). The mother’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/09/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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In the Interest of K. P., a Child (Mother), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-k-p-a-child-mother-gactapp-2019.

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