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In The Interest Of K. M., A Child (Mother)

CourtCourt of Appeals of Georgia
Docket No.A17A1747
DecidedMarch 1, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsStatutory InterpretationSufficiency of the EvidenceReversalRemandDue Process
Case Summary

The mother of the child asked to terminate a temporary guardianship held by the child’s maternal grandparents. The juvenile court denied the petition after considering the child’s circumstances and the guardian ad litem’s recommendation, but the court applied an incorrect evidentiary standard and did not make findings sufficient for appellate review. The Georgia Court of Appeals held that continuing the guardianship over a parent’s objection required clear and convincing evidence that termination would cause the child physical harm or significant, long-term emotional harm, followed by a determination that continuation would best promote the child’s welfare and happiness. A possibility of harm or a generalized preference for the grandparents was insufficient. The court also criticized unsupported conclusions about the mother’s marriage and required the juvenile court to consider how the guardianship had limited the mother’s contact and parenting opportunity. It reversed and remanded for a new decision under the correct standard, with adequate findings and dependency procedures if the guardianship continued.

Opinion

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