Case Conclusion Date: 03.02.2012
Practice Area: Appeals
Outcome: Unfavorable Trial Decision Reversed on Appeal
Description: Client appealed a finding by the trial court that her mother and step father were entitled to retain custody of her 2 children based upon a consent order from Alaska. While the Georgia Court of Appeals stated that the Georgia trial court could hear a change of custody case, the Appellate Court stated that the trial court must use the proper standard of proof, and it could not award custody to the grandparents without a finding that the mother was not fit to have custody. The case was reversed and remanded to the trial court for a proper custody determination that followed the Appellate Court's ruling.