Strickland v. Strickland

Summary

The Supreme Court of Georgia reviewed a custody dispute between a biological mother and the children’s grandparents under OCGA § 19-7-1 (b.1). The court held that the grandparents overcame the statutory parental presumption by clear and convincing evidence that the children would suffer significant long-term emotional harm if placed with their mother. It reversed the Court of Appeals for failing to defer adequately to the superior court’s factual findings and credibility determinations, and upheld the permanent custody award to the grandparents.

Holdings

1. The Court of Appeals erred by independently reviewing and reweighing the evidence instead of deferring to the superior court's factual findings and credibility determinations. In a bench-trial custody appeal, factual findings may not be set aside unless clearly erroneous.
2. The grandparents overcame the rebuttable presumption favoring custody by the natural parent by presenting clear and convincing evidence that the children would suffer significant long-term emotional harm if placed in the mother's custody.
3. The superior court was authorized to conclude by clear and convincing evidence that a permanent award of custody to the grandparents was in the children's best interest.

Questions Presented

1. Whether the Court of Appeals applied the proper deferential standard of review to the superior court's factual findings and credibility determinations in a custody dispute between a natural parent and grandparents.
2. Whether the grandparents rebutted the statutory presumption favoring parental custody by clear and convincing evidence that the children would suffer significant long-term emotional harm if placed with the mother.
3. Whether the superior court was authorized to conclude that permanent custody with the grandparents was in the children's best interest.

Disposition

reversed