Lindsey Jewellv.Stephen Mcginnis Et Al.
Lindsey Jewell’s custody dispute with her child’s paternal grandparents returned to the Georgia Court of Appeals for the third time. Earlier appeals had rejected joint legal custody between a parent and third parties and required the trial court to apply the statutory standard for awarding custody away from a biological parent. On the latest remand, the trial court awarded the grandparents sole legal and physical custody, relying on testimony about the child’s bond with them, counseling, school, and several minor injuries. The Court of Appeals reversed and remanded with direction to award custody to the mother. Under Georgia law, grandparents seeking custody from a biological parent must prove by clear and convincing evidence that parental custody would cause the child physical or significant, long-term emotional harm. The evidence did not meet that demanding standard: the injuries were minor, one occurred without supervision, and there was no evidence of other injuries or a broader pattern of neglect. The court did not reach the mother’s remaining arguments. A special concurrence emphasized that third-party custody may still be appropriate in a case supported by sufficient proof.
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