Devito v

Devito, 280 Ga. 367, 628 S.E.2d 108, 2006 Ga. LEXIS 201 (2006). Jurisdiction determined at time of filing petition. — Judgment affirming the trial court’s ruling dismissing a father’s child custody modification petition was reversed because jurisdiction attached at the time of the filing of the father’s petition; thus, the trial court had jurisdiction over the modification action since the father lived in Georgia at the time and jurisdiction was not lost when the father later was transferred away from Georgia. Plummer v. Plummer, 305 Ga. 23, 823 S.E.2d 258, 2019 Ga. LEXIS 17 (2019). Venue for motion to modify custody. — Fulton County court did not err in transferring a father’s custody modification petition to the Cobb County court under both O.C.G.A. §§ 19-9-61 and 19-962(a) as Cobb County was the proper forum to hear the modification petition, despite the fact that the divorce and original custody order was heard in Fulton County, given that: (1) the mother and the children later moved to Cobb County; (2) the Cobb County Court entered a custody order; and (3) the Cobb County court thereafter maintained exclusive and continuing jurisdiction over its own child custody determination. Upchurch v. Smith, 281 Ga. 28, 635 S.E.2d 710, 2006 Ga. LEXIS 599 (2006). Trial court erred by granting a parent’s complaint for modification of child custody and support and changing custody, which was filed in that parent’s county of residence, as that county was not the jurisdiction wherein the issue of custody and support was originally litigated and the opposing parent never waived the challenge to the jurisdiction of the trial court via a pro se letter, which merely acknowledged receipt of the complaint; as a result, the judgment granting the change of custody was reversed and the case was remanded to the trial court with directions for the trial court to transfer the case to 1030 the trial court of the proper county. Hatch v. Hatch, 287 Ga. App. 832, 652 S.E.2d 874, 2007 Ga. App. LEXIS 1113 (2007). Exclusive, continuing jurisdiction lost. — While a mother claimed that a Bibb County, Georgia court had exclusive, continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, O.C.G.A. § 19-9-40 et seq., since the court made an initial custody ruling, that jurisdiction was lost under O.C.G.A. § 19-9-62(a) when a Florida court determined in a paternity proceeding that both parents and the child resided in Florida. Hall v. Wellborn, 295 Ga. App. 884, 673 S.E.2d 341, 2009 Ga. App. LEXIS 103 (2009). Jurisdiction over grandparents’ modification action. — Because the 19-9-63 Georgia superior court had exclusive and continuing subject matter jurisdiction over the grandparents’ modification of custody action, as there was no evidence to suggest that the initial 2001 custody determination was not made consistent with O.C.G.A. § 19-9-61, even without personal jurisdiction over the child’s parent, the custody determination entered by the superior court was upheld on appeal; but, absent personal jurisdiction over the mother to enter a contempt order, such was reversed. Daniels v. Barnes, 289 Ga. App. 897, 658 S.E.2d 472, 2008 Ga. App. LEXIS 226 (2008), cert. denied, No. S08C1148, 2008 Ga. LEXIS 595 (Ga. June 16, 2008).