Mayah Mitchellv.Christopher Capehart
Mayah Mitchell petitioned to modify custody of her two children after a prior order awarded Christopher Capehart sole legal and physical custody and set Mitchell’s visitation and support obligations. Capehart moved to dismiss the petition for failure to state a claim, and the trial court granted the motion. The Georgia Court of Appeals held that dismissal was improper because a custody-modification petition must be accepted as true at the pleading stage and dismissed only when the allegations show with certainty that no provable facts could support relief. The trial court’s order indicated that it had not applied that standard or fully considered the petition’s allegations. The appellate court therefore reversed and remanded for the trial court to apply the correct motion-to-dismiss analysis. It expressly did not decide whether Mitchell would ultimately obtain a custody modification.
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