Martini v. Jefferson

Court of Appeals of Georgia

Martini v. Jefferson

445 S.E.2d 814, 213 Ga. App. 666, 94 Fulton County D. Rep. 2419, 1994 Ga. App. LEXIS 707

CourtCourt of Appeals of Georgia

DecidedJune 24, 1994

DocketA94A1273

StatusPublished

Cited by2 cases

This text of 445 S.E.2d 814 (Martini v. Jefferson) 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.

Bluebook

Martini v. Jefferson, 445 S.E.2d 814, 213 Ga. App. 666, 94 Fulton County D. Rep. 2419, 1994 Ga. App. LEXIS 707 (Ga. Ct. App. 1994).

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Opinion

*666 Johnson, Judge.

Thomas and Linda Jefferson filed a complaint against Deborah Martini for custody of Martini’s children, who are the Jeffersons’ grandchildren. Following a hearing, the trial judge awarded custody to the Jeffersons. We granted Martini’s application for discretionary appeal.

Martini correctly contends that the trial court erred in awarding custody to a third party without having made a finding that she is unfit. In every case involving a custody dispute between a parent and a third party, the trial court must first make a determination as to whether the parent has lost his or her right pursuant to OCGA § 19-7-4, or is unfit pursuant to Georgia case law. Carvalho v. Lewis, 247 Ga. 94 (274 SE2d 471) (1981); Brooks v. Carson, 194 Ga. App. 365, 368 (2) (390 SE2d 859) (1990). Because no such determination was made and included in the custody order, the judgment of the trial court must be reversed and the case remanded to the trial court for findings, and, if necessary, further proceedings, on that issue.

Judgment reversed and case remanded.

Beasley, P. J., and Andrews, J., concur. *667 Keith H. Solomon, for appellees.

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*666 Johnson, Judge.

Thomas and Linda Jefferson filed a complaint against Deborah Martini for custody of Martini’s children, who are the Jeffersons’ grandchildren. Following a hearing, the trial judge awarded custody to the Jeffersons. We granted Martini’s application for discretionary appeal.

Martini correctly contends that the trial court erred in awarding custody to a third party without having made a finding that she is unfit. In every case involving a custody dispute between a parent and a third party, the trial court must first make a determination as to whether the parent has lost his or her right pursuant to OCGA § 19-7-4, or is unfit pursuant to Georgia case law. Carvalho v. Lewis, 247 Ga. 94 (274 SE2d 471) (1981); Brooks v. Carson, 194 Ga. App. 365, 368 (2) (390 SE2d 859) (1990). Because no such determination was made and included in the custody order, the judgment of the trial court must be reversed and the case remanded to the trial court for findings, and, if necessary, further proceedings, on that issue.

Judgment reversed and case remanded.

Beasley, P. J., and Andrews, J., concur. *667 Keith H. Solomon, for appellees.

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Bluebook (online)

445 S.E.2d 814, 213 Ga. App. 666, 94 Fulton County D. Rep. 2419, 1994 Ga. App. LEXIS 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martini-v-jefferson-gactapp-1994.

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