S.E.H., In re
Citation | 350 S.E.2d 833,180 Ga.App. 849 |
Decision Date | 17 November 1986 |
Docket Number | No. 72571,72571 |
Parties | In re S.E.H. |
Court | United States Court of Appeals (Georgia) |
Howard G. Sokol, Mary R. Carden, Gainesville, for appellant.
Michael J. Bowers, Atty. Gen., David C. Will, Asst. Atty. Gen., Rebecca P. Dally, for appellee.
This appeal follows an order of the Juvenile Court of Newton County finding S.E.H. to be a deprived child and awarding temporary custody of the child to her maternal grandmother. The child's father applied for discretionary review of the trial court's decision, and we granted his application.
S.E.H.'s father was awarded custody of her by virtue of a divorce decree entered in March 1983. According to the grandmother's testimony, appellant surrendered physical custody of the child to the maternal grandmother in March 1984 due to problems with his new wife. S.E.H. returned to her father's home approximately one week later, but her father brought her back to her grandparents' home because of illness at his home and his desire that S.E.H. avoid contracting the illness. When the next school year commenced, the grandparents enrolled S.E.H. in the school in their district. Her father returned for S.E.H. and removed her from the grandparents' school, intending, according to the grandmother, to enroll her in her former school. However, he soon again asked the grandparents to care for S.E.H. because he was to be hospitalized. The grandparents, with S.E.H. in tow, then moved from Macon to Newton County without informing S.E.H.'s father. By means of a habeas corpus petition, the father sought the return of his child. Three weeks later, the Newton County Department of Family and Children Services (DFCS) filed a petition in juvenile court, alleging that S.E.H. was a deprived child as defined in OCGA § 15-11-2(8)(A) and requesting that temporary custody of S.E.H. be awarded to her maternal grandmother. The juvenile court did so, finding that S.E.H. had lived with her maternal grandparents since her father's remarriage; her stepmother did not want her in the home; neither her father nor her stepmother had helped S.E.H. with her personal hygiene or homework; her father disciplined her by cursing her; and her father had allowed his new wife to dictate the way S.E.H. was to be treated and regarded in the home. The court concluded S.E.H. was deprived "as a result of the father's unwillingness to accept responsibility for her and maintain a suitable home environment for her mental, physical, and emotional well-being ..."
In Re M.M.A., 166 Ga.App. 620(1), 305 S.E.2d 139 (1983).
'... ...
To continue reading
Request your trial-
In re V. G.
...that should be infringed upon only under the most compelling circumstances." (Citation and punctuation omitted.) In re S. E. H. , 180 Ga. App. 849, 851, 350 S.E.2d 833 (1986).[I]n order to justify even a temporary transfer of custody, the [dependency] must be based upon the unfitness of the......
-
Brooks v. Parkerson
...262 Ga. 389, 393(2), n. 6, 418 S.E.2d 3 (1992); In re Baby Girl Eason, 257 Ga. 292, 297(1), 358 S.E.2d 459 (1987); In re S.E.H., 180 Ga.App. 849, 851, 350 S.E.2d 833 (1986); In re L.H.R., 253 Ga. 439, 445, 321 S.E.2d 716 (1984) (" 'the law's concept of the family rests on a presumption that......
-
In re V. G., A19A0966
...right that should be infringed upon only under the most compelling circumstances." (Citation and punctuation omitted.) In re S. E. H. , 180 Ga. App. 849, 851, 350 S.E.2d 833 (1986).[I]n order to justify even a temporary transfer of custody, the [dependency] must be based upon the unfitness ......
-
In re CDE, No. A00A1914
...574, 577, 512 S.E.2d 690 (1999). See also OCGA § 15-11-56(b)(1). 9. (Citations and punctuation omitted.) In the Interest of S.E.H., 180 Ga.App. 849, 850, 350 S.E.2d 833 (1986). See also In the Interest of D.S., 217 Ga.App. 29, 31, 456 S.E.2d 715 (1995) (physical precedent 10. The court gave......