Complex Issues in Family Law Jurisdiction
Groves v. Groves 250 Ga 459 (1983)
Addresses the trial court maintaining jurisdiction of a case where a petition was dismissed and prior to a counter claim being filed but an Oral ruling had been pronounced from the bench.
Razi v. Burns 354 Ga. App. 608 (2020)
Georgia Courts maintain subject matter jurisdiction with an original Order from another state when the plaintiff has voluntarily dismissed the matter during litigation as Father had availed himself of the Court.
Murphp v. Murphp 328 Ga. App. 767 (2014)
Does the trial Court maintain subject matter jurisdiction over a custody and a contempt Order, and pendant jurisdiction over any other Orders while Order on the contempt motion is on appeal and subject to supersedeas? Should we be more mindful of showing the Court and each other more respect?
Paul v. Paul, 846 S.E.2d 138 (Ga. Ct. App. 2020)
Does a court that has issued a divorce decree lack jurisdiction to rule on a subsequent motion to set aside the decree based on fraud? Is personal service required on a Motion to set aside as if it were an original complaint. What happens when the attorney does not file a civil case disposition form with the final divorce decree with the Clerk’ s office? (You are still on the hook).
Kasper v. Martin, 841 S.E.2d 488, 490—91 (Ga. Ct. App. 2020)
Does a superior court have jurisdiction of a child custody action even though a previously filed dependency action regarding the same child was pending in the juvenile court? Does the juvenile Court have authority to award permanent custody without a transfer order from a Superior Court?
Kasper continued: Is a permanent custody proceeding in superior court is the equivalent of a permanent guardianship proceeding in juvenile court?