McFalls v. Onsager, A12A0496.

• Decision Date: 13 June 2012
• Docket Number: No. A12A0496.,A12A0496.
• Citation: 728 S.E.2d 820,12 FCDR 1945,316 Ga.App. 190
• Parties: McFALLS v. ONSAGER, et al.
• Court: Georgia Court of Appeals

316 Ga.App. 190

728 S.E.2d 820

12 FCDR 1945

McFALLS

v.ONSAGER, et al.

No. A12A0496.

Court of Appeals of Georgia.

June 13, 2012.

Ann Michelle Vaughan, for McFalls.

Kris–Ann Poe, Francis Earl Wiggers Jr., Janna Davenport Akins, Blairsville, for Onsager, et al.

BOGGS, Judge.

Ralph McFalls, the paternal great uncle of now one-year-old A.C., appeals from a superior court order granting custody of the child to her maternal great aunt and uncle Karen and Curtis Onsager. Because we find no abuse of the superior court's discretion in the custody determination, we affirm.

In adjudicating the custody of a minor child “where neither party seeking custody is a parent as defined by Georgia law, a determination of custody is to be made according to the best interest of the child.” (Citation and punctuation omitted.) Stills v. Johnson, 272 Ga. 645, 649(2), 533 S.E.2d 695 (2000). When the superior court has exercised its discretion in making this determination, “this court will not interfere unless the evidence shows a clear abuse of discretion, and where there is any evidence to support the trial court's finding, this court will not find there was an abuse of discretion.” (Citations and punctuation omitted.) Reed v. Reed, 289 Ga. 193, 710 S.E.2d 138 (2011).

The record reveals that the parents of A.C. asked McFalls, A.C.'s paternal great uncle, to care for A.C. until they could get “a place to live, ... a better job, and could provide for her.” McFalls received the child on February 17, 2011, when she was two months old. When the Department of Family and Children Services began investigating the parents, they consented to McFalls obtaining temporary guardianship of A.C. On March 8, 2011, a probate judge signed temporary letters of guardianship naming McFalls as A.C.'s guardian.

Before A.C.'s birth, her maternal great aunt and uncle, the Onsagers helped support A.C.'s older brother, born April 28, 2005. The parents “couldn't deal with him, couldn't handle him; couldn't afford him; couldn't take care of him,” and often left the brother at the Onsagers' home sometimes for months at a time. The Onsagers adopted the older brother prior to A.C.'s birth. When they became aware that the mother was incarcerated and inquired about the whereabouts of A.C. shortly after her birth, they discovered that the child was in the care of McFalls. The decided to seek custody of her to “give her stability and to keep her with her sibling,” and to allow her to bond with a mother figure.

On May 16, 2011, the Onsagers filed a petition for custody of five-month-old A.C. McFalls filed an answer and cross-claim for custody. The superior court appointed a guardian ad litem to represent the best interests of A.C. A report filed by the guardian ad litem found that both McFalls and the Onsagers are “fit, willing and appropriate individuals to care for [A.C.]” The guardian noted that McFalls' love for A.C. is evident and while he lacked “experience in caring for an infant child, he has made sure that the child seeks regular medical care, and received input from the child's pediatrician as to how to best care for her.” She recommended, however, that custody of A.C. be transferred to the Onsagers because the “ability to be raised with a sibling can provide A.C. with a lifetime of benefits,” the Onsagers have the ability to provide a two-parent household and...