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Aug 06 2019

July 2019 Georgia Custody/Visitation Case Law Update

After a busy June, in July 2019, the Georgia appellate courts issued only one family law related opinion.

2019

Termination of Parental Rights // Appeals
In the Interest of T.S., a child, Case No. A19A0223, Georgia Court of Appeals, July 1, 2019.

An amended or corrected order extends the time for filing an appeal or discretionary application. Although the correction in the amended order was not significant, it was material. Accordingly, the amended order was the final order.

The father was not properly served with the dependency petition. However, once service was perfected, he paid child support, progressed on the reunification case plan, and improved his living situation. Yet, based on evidence from before the father was served, the trial court erroneously declared the child dependent, and terminated the father’s parental rights. The Court of Appeals reversed, holding that the trial court’s finding that the dependency was likely to continue was not supported by clear and convincing evidence.

 

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Written by Debra Gold · Categorized: Case Law Updates, Featured

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