JEWELL v. McGINNIS Et Al.

Court of Appeals of Georgia

JEWELL v. McGINNIS Et Al.

802 S.E.2d 306, 341 Ga. App. 896, 2017 WL 2687705, 2017 Ga. App. LEXIS 303

CourtCourt of Appeals of Georgia

DecidedJune 22, 2017

DocketA17A0161

StatusPublished

Cited by2 cases

This text of 802 S.E.2d 306 (JEWELL v. McGINNIS Et Al.) 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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JEWELL v. McGINNIS Et Al., 802 S.E.2d 306, 341 Ga. App. 896, 2017 WL 2687705, 2017 Ga. App. LEXIS 303 (Ga. Ct. App. 2017).

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Opinions

MILLER, Presiding Judge.

This is the second appearance of this grandparent custody case in this Court. In Jewell v. McGinnis, 333 Ga. App. 108 (775 SE2d 539) (2015) (“Jewell I”),¹ this Court vacated the superior court’s order granting joint legal custody to the mother and the paternal grandparents, with primary physical custody to the grandparents. Further, in Jewell I, this Court remanded the case with direction for the superior court to make the statutorily required factual findings by clear and convincing evidence under OCGA § 19-7-1 (b.l). Onremand, the superior court entered a new order (the “Revised Custody Order”), which contained factual findings and again granted joint legal custody to the mother and grandparents and primary physical custody to the grandparents.

1. The mother appeals from the superior court’s Revised Custody Order, contending, inter alia, that OCGA § 19-9-6 does not authorize an award of joint legal custody to a parent and a third party. We agree, and therefore we reverse the award of joint legal custody in this case and remand for further proceedings consistent with this opinion.

The Supreme Court of Georgia and this Court have both held that a third party may have sole legal custody of a child when no parent is suitable for custody; however, Georgia statutory law only supports joint legal custody arrangements between parents. Stone v. Stone, 297 Ga. 451, 455 (774 SE2d 681) (2015); Sheffield v. Sheffield, 338 Ga. App. 667, 669 (791 SE2d 428) (2016); Marks v. Soles, 339 Ga. App. 380, 386 (2) (793 SE2d 587) (2016). See also OCGA § 19-9-6 (5) (“Joint legal custody means both parents have equal rights and responsibilities for major decisions concerning the child[.]”) (punctuation omitted); OCGA § 19-9-3 (a) (1) (setting out general custody guidelines and recognizing that joint custody considerations remain with the child’s parents).

The superior court had no power to grant joint legal custody to the mother and the paternal grandparents. Consequently, we must reverse that award and remand this case for further proceedings. Stone, supra, 297 Ga. at 455.

2. In light of our holding in Division 1, we need not address the mother’s remaining argument.

Judgment reversed and case remanded with direction.

Bethel, J., concurs. McFadden, P. J., concurs fully and specially.

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MILLER, Presiding Judge.

This is the second appearance of this grandparent custody case in this Court. In Jewell v. McGinnis, 333 Ga. App. 108 (775 SE2d 539) (2015) (“Jewell I”),¹ this Court vacated the superior court’s order granting joint legal custody to the mother and the paternal grandparents, with primary physical custody to the grandparents. Further, in Jewell I, this Court remanded the case with direction for the superior court to make the statutorily required factual findings by clear and convincing evidence under OCGA § 19-7-1 (b.l). Onremand, the superior court entered a new order (the “Revised Custody Order”), which contained factual findings and again granted joint legal custody to the mother and grandparents and primary physical custody to the grandparents.

1. The mother appeals from the superior court’s Revised Custody Order, contending, inter alia, that OCGA § 19-9-6 does not authorize an award of joint legal custody to a parent and a third party. We agree, and therefore we reverse the award of joint legal custody in this case and remand for further proceedings consistent with this opinion.

The Supreme Court of Georgia and this Court have both held that a third party may have sole legal custody of a child when no parent is suitable for custody; however, Georgia statutory law only supports joint legal custody arrangements between parents. Stone v. Stone, 297 Ga. 451, 455 (774 SE2d 681) (2015); Sheffield v. Sheffield, 338 Ga. App. 667, 669 (791 SE2d 428) (2016); Marks v. Soles, 339 Ga. App. 380, 386 (2) (793 SE2d 587) (2016). See also OCGA § 19-9-6 (5) (“Joint legal custody means both parents have equal rights and responsibilities for major decisions concerning the child[.]”) (punctuation omitted); OCGA § 19-9-3 (a) (1) (setting out general custody guidelines and recognizing that joint custody considerations remain with the child’s parents).

The superior court had no power to grant joint legal custody to the mother and the paternal grandparents. Consequently, we must reverse that award and remand this case for further proceedings. Stone, supra, 297 Ga. at 455.

2. In light of our holding in Division 1, we need not address the mother’s remaining argument.

Judgment reversed and case remanded with direction.

Bethel, J., concurs. McFadden, P. J., concurs fully and specially.

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802 S.E.2d 306, 341 Ga. App. 896, 2017 WL 2687705, 2017 Ga. App. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewell-v-mcginnis-et-al-gactapp-2017.

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