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Slay v. Calhoun

The trial court properly found that it had subject matter jurisdiction with respect to the child custody issues raised in the father's petition for legitimation, custody, child support and visitation, as there was evidence that Georgia was the child's "home state" for purposes of the UCCJEA.

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Justin Calhoun filed a Petition for Legitimation, Custody, Child Support, and Visitation the “Petition” against April Slay in the trial court seeking, among other things, to legitimate and obtain joint legal and primary physical custody of K. C., Calhoun and Slay’s daughter, who was born January 15, 2011. The trial court entered a temporary order, in which it concluded that it had personal and subject matter jurisdiction, legitimated Calhoun as K. C.’s father, and awarded Calhoun temporary legal custody of K. C. In its subsequent Final Order on Custody, Visitation and Support, the trial court granted the parties joint legal custody of K. C., granted Calhoun primary physical custody of K. C., granted visitation rights to Slay, and determined the parties’ child support obligations. The trial court also entered a Final Order on Subject Matter Jurisdiction concluding that the issue was moot and had previously been decided. Slay now appeals, arguing that the trial court lacked subject matter jurisdiction over the issue of child custody. For the reasons that follow, we affirm.

We review de novo the trial court’s legal conclusion that it had subject matter jurisdiction in this case. Delgado v. Combs, 314 Ga. App. 419, 425 426 1 724 SE2d 436 2012.

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