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In The Interest Of M. F., A Child (Father)

CourtCourt of Appeals of Georgia
Docket No.A18A0264
DecidedApril 24, 2018
Reporter298 Ga. 138
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsChild CustodyStatutory InterpretationAppellate ProcedureRemandSpecial Concurrence
Case Summary

After a permanent guardianship had been established for a child because of her parents’ substance-abuse problems, the child’s father petitioned for custody after he recovered and became able to parent. The juvenile court awarded him full custodial powers but also granted the former guardians visitation, ordered the father to attend counseling, and awarded the guardians attorney fees. The Georgia Court of Appeals held that the order’s substance, not its label, revoked the permanent guardianship by transferring full custody to the father. Once the guardianship was revoked, the juvenile court lacked authority to impose continuing conditions on the father’s custody under the guardianship statute. The court affirmed the revocation, directed the juvenile court to remove the visitation and counseling conditions, and reversed the attorney-fee award because the father’s original filing was not frivolous or substantially unjustified. One judge concurred in the judgment only as to part of the opinion, and the relevant custody division was physical precedent only.

Opinion

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