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In The Interest Of: C. A. J., A Child (Mother)

CourtCourt of Appeals of Georgia
Docket No.A14A1826
DecidedMarch 30, 2015
Reporter331 Ga. App. 788; 771 S.E.2d 457
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Judge Boggs authored the opinion
Tags
CivilFamily LawChild CustodyParental RightsDue ProcessSubject Matter JurisdictionRemand
Case Summary

In a private deprivation action brought by the child’s maternal grandmother, the juvenile court found the child deprived and awarded the grandmother permanent custody for adoption. The mother challenged the deprivation finding and the custody award. The Court of Appeals held that clear and convincing evidence supported the finding because the mother failed to protect the child from risk of sexual abuse, neglected the child’s mental and emotional needs, and provided minimal financial support; it deferred to the juvenile court’s credibility determinations. The court separately held that the juvenile court lacked authority to award permanent custody for adoption because no superior-court transfer order existed. It affirmed the deprivation finding, reversed the permanent-custody disposition, and returned the case for the juvenile court to address the remaining custody questions consistently with that affirmed finding.

Opinion

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