A Georgia appellate court will not decide any part of a family law appeal that has become moot, because a ruling on it could no longer change anything for the person appealing.
The Rule
Under OCGA 5-6-48(b)(3), an appeal may be dismissed, or a claimed error left unreviewed, “[w]here the questions presented have become moot.” That holds even for an appeal properly taken; see our post on how to appeal a Georgia divorce judgment. The situations in which courts still decide a moot-seeming appeal are covered in our post on exceptions to the mootness rule in Georgia family law appeals.
When the Child Turns 18
In Jones v. Hughley, 903 S.E.2d 314 (Ga. App. 2024), a mother appealed years of custody and visitation rulings in a legitimation case, but her son had turned 18. The Court of Appeals held those challenges moot, vacated the visitation rulings, and sent the custody and visitation claims back to be dismissed. It still reviewed, and affirmed, an order holding her in contempt and awarding attorney fees.
When the Jail Time Is Served
In Hammonds v. Parks, 319 Ga. App. 792 (2012), a father was jailed for contempt for failing to produce financial records in a custody proceeding the trial court had no authority to hear. The Court of Appeals reversed the custody rulings, but because he had already served his jail time and been released, it dismissed his appeal of the contempt order as moot.
Similarly, in Brochin v. Brochin, 294 Ga. App. 406 (2008), a mother’s challenge to three days in jail and a six-month suspension of her overnight visitation was moot once both were over. Her challenge to an unpaid attorney fee award was not moot, and the Court of Appeals reviewed it and affirmed.
So once a child ages out or a sentence is served, an appeal may no longer be able to help you, even when the ruling itself was wrong.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!