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Milligan v. Forsyth Cty. Dept., Family Children Serv

Supreme Court of Georgia
Sep 9, 1982
294 S.E.2d 523 (Ga. 1982)

Opinion

38790.

DECIDED SEPTEMBER 9, 1982.

Child custody. Forsyth Superior Court. Before Judge Neville.

Murray Young, M. Lynn Young, for appellants.

Clyde J. Gober, Jr., Michael J. Bowers, Attorney General, Vivian Davidson Egan, Assistant Attorney General, for appellee.


This petition for writ of habeas corpus was filed in the Forsyth Superior Court by the parents of two allegedly deprived minor children.

Proceedings concerning the children began when the children's maternal grandmother filed a petition to terminate parental rights in the Forsyth Superior Court. The superior court entered an order placing temporary custody of the children in the Forsyth County Department of Family and Children Service (DFCS), and the case was then referred to the Juvenile Court of Forsyth County. The juvenile court subsequently entered an order placing custody of the children in DFCS, and the superior court then dismissed this habeas petition for lack of jurisdiction.

We agree that if the juvenile court's placement of custody of the minor children in DFCS is subject to attack, it is by appeal from the juvenile court order and not by filing a petition for habeas corpus in superior court. See West v. Cobb County Dept. of Family c. Services, 243 Ga. 425 ( 254 S.E.2d 373) (1979).

Judgment affirmed. All the Justices concur.


DECIDED SEPTEMBER 9, 1982.


Summaries of

Milligan v. Forsyth Cty. Dept., Family Children Serv

Supreme Court of Georgia
Sep 9, 1982
294 S.E.2d 523 (Ga. 1982)
Case details for

Milligan v. Forsyth Cty. Dept., Family Children Serv

Case Details

Full title:MILLIGAN et al. v. FORSYTH COUNTY DEPARTMENT OF FAMILY AND CHILDREN…

Court:Supreme Court of Georgia

Date published: Sep 9, 1982

Citations

294 S.E.2d 523 (Ga. 1982)
294 S.E.2d 523