In re J. D., A21A1198

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtMcFadden, Presiding Judge.
Citation868 S.E.2d 303,362 Ga.App. 298
Docket NumberA21A1198
Decision Date19 January 2022
Parties In the INTEREST OF J. D., a child.

362 Ga.App. 298
868 S.E.2d 303

In the INTEREST OF J. D., a child.

A21A1198

Court of Appeals of Georgia.

January 19, 2022


868 S.E.2d 304

Bonnie Jean Binkley, for Appellant.

Christopher Michael Carr, Penny Hannah, Shalen S. Nelson, Atlanta, Amber Denyse Walden, for Appellee.

McFadden, Presiding Judge.

362 Ga.App. 298

This appeal challenges a juvenile court order denying a petition to terminate a permanent guardianship of a minor child. Because there was not clear and convincing evidence that termination of the guardianship was in the best interests of the child, we affirm the juvenile court's order. The appellant's additional claim that the juvenile court's order should have included a visitation schedule is without merit since no request, evidence, or argument for such a schedule was presented to the trial court.

1. Facts and procedural posture.

J. D. was born in October 2010. When J. D. was approximately three months old, his mother gave him to the mother's cousin to care for him. In June 22, 2012, with the consent of the mother, the juvenile court granted the cousin permanent guardianship of J. D. In August 2019, the mother filed a petition to terminate the permanent guardianship, claiming a material change in circumstances in that she had become a fit parent, with stable housing and employment, who was caring for her other children. After an evidentiary hearing, the juvenile court denied the petition to terminate the guardianship. In its final order denying the petition, the court found that while there was clear and convincing evidence of a material change in circumstances in that the mother had become a fit parent, there was not clear and convincing evidence that termination of the permanent guardianship was in the best interests of J. D. The mother appeals from that order.

2. Best interests of the child.

The mother contends that the evidence does not support the juvenile court's

868 S.E.2d 305

finding that terminating the guardianship was not in the best interests of J. D. We disagree.

"When a juvenile court enters an order of permanent guardianship, it ‘shall retain jurisdiction over the guardianship action for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian.’ OCGA § 15-11-244 (a)."

362 Ga.App. 299

In the Interest of M. F. , 298 Ga. 138, 140 (1), 780 S.E.2d 291 (2015) (punctuation omitted).

The proper grounds for a petition to modify, vacate, or revoke a permanent guardianship are identified in OCGA § 15-11-244 (c) : The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child who was adjudicated as a dependent child or the guardian and
...

To continue reading

Request your trial
1 practice notes
  • In re B.M.R., A22A0092
    • United States
    • United States Court of Appeals (Georgia)
    • 4 Mayo 2022
    ...by law and [was dependent] for that reason. In the Interest of J. C., 264 Ga.App. at 600 (1); see also In the Interest of J. D., 362 Ga.App. 298, 299 (2) (__ S.E.2d __) (2022); In the Interest of A. L., 313 Ga.App. 858, 860 (723 S.E.2d 76) (2012). Therefore, we affirm the trial court's orde......
1 cases
  • In re B.M.R., A22A0092
    • United States
    • United States Court of Appeals (Georgia)
    • 4 Mayo 2022
    ...by law and [was dependent] for that reason. In the Interest of J. C., 264 Ga.App. at 600 (1); see also In the Interest of J. D., 362 Ga.App. 298, 299 (2) (__ S.E.2d __) (2022); In the Interest of A. L., 313 Ga.App. 858, 860 (723 S.E.2d 76) (2012). Therefore, we affirm the trial court's orde......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT