Ganjizadeh v. Brown
Ganjizadeh v. Brown
Opinion of the Court
The appellee filed what was denominated a habeas corpus petition, seeking to be awarded custody of her minor child. Named as the respondent in the petition was the child’s father, the appellant herein. It appears that the parties were divorced in Arkansas in 1984, at which time custody of the child was awarded to the appellee, but that later, after the appellee had moved with the child to Georgia, the appellant obtained an ex parte order from the Arkansas court purporting to transfer temporary custody of the child to him. The appellee alleged in her habeas corpus petition that she had been arrested in Georgia pursuant to an Arkansas warrant charging her with interference with visitation and that physical custody of the child had been placed in the Jones County Department of Family and Children Services at that time.
The trial court declined to enforce the ex parte Arkansas order
An application for appeal is required in all appeals “from judgments or orders in . . . child custody, and other domestic relations cases including, but not limited to . . . awarding or refusing to change child custody. . . .” OCGA § 5-6-35 (a) (2). No application for discretionary appeal having been filed in the present case, it follows that the appeal must be dismissed for lack of jurisdiction. Accord Leonard v. Benjamin, 253 Ga. 718 (324 SE2d 185) (1985).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.