The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Lensey Wallacev.Stephanie Chandler Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A0648
DecidedApril 22, 2021
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawStandingSubject Matter JurisdictionDue ProcessReversalDirect AppealRemand
Case Summary

Lensey Wallace’s child had been placed with Stephanie and George Chandler during a pending juvenile dependency matter. The Chandlers later filed a superior-court custody petition while Wallace was incarcerated, and the court awarded them custody without her participation. Wallace moved to set aside the order, arguing that the nonrelative Chandlers lacked standing and that the superior court lacked subject-matter jurisdiction. The Court of Appeals of Georgia held that the Chandlers were not among the limited relatives authorized by OCGA § 19-7-1 (b.1) to seek custody from a parent. Their petition also could not be treated as a dependency petition because juvenile courts have exclusive original jurisdiction over such proceedings. Because standing is a prerequisite to subject-matter jurisdiction, the superior court had no authority to enter the custody order. The appellate court reversed the order denying Wallace’s motion to set aside and held that the custody judgment was void.

Opinion

Loading published copy…

The Far Side