In THE INTEREST OF K. C., CHILDREN (MOTHER)

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 25, 2026

The Court of Appeals hereby passes the following order:

A26A0688. IN THE INTEREST OF K. C., et al., CHILDREN (MOTHER).

In January 2025, the Mother filed a petition to modify or terminate the
permanent guardianship of her two minor children. In a March 19, 2025 status order,
the juvenile court suspended the Mother’s visitation with the children, and in two
subsequent status orders dated June 17 and June 25, 2025, the court ordered that the
Mother’s visitation remain suspended. The Mother also filed a motion to remove the
guardian ad litem who had been appointed, arguing that removal was appropriate
under OCGA § 15-11-104(h). The trial court denied that motion on August 26, 2025,
and the Mother filed this direct appeal on September 17, 2025. We lack jurisdiction.
The juvenile court’s order denying the Mother’s motion to remove the
appointed guardian ad litem is interlocutory because the modification action remains
pending below. Accordingly, the Mother was required to comply with the
interlocutory appeal procedures of OCGA § 5-6-34(b), requiring a certificate of
immediate review from the juvenile court and the filing of an application to this Court.
Although a direct appeal is proper under OCGA § 5-6-34(a)(11) from all judgments
or orders in child custody cases1 that award, refuse to change, or modify child custody,
the juvenile court’s order denying the Mother’s motion to remove the guardian ad
litem did not award, refuse to change, or otherwise modify child custody. “Failure to

1
See Froehlich v. Froehlich, 297 Ga. 551, 554(2) (775 SE2d 534) (2015)
(acknowledging that for purposes of appellate procedure, visitation is treated as an
aspect of child custody).
file an application when one is necessary requires that the appeal be dismissed.” Evans
v. Jackson, 368 Ga. App. 170, 173(1) (889 SE2d 343) (2023) (quotation marks
omitted).
In her appellate brief, the Mother also seeks to challenge rulings from the three
earlier orders suspending visitation and/or ordering that her visitation remain
suspended. Pretermitting whether the Mother was entitled to directly appeal those
orders, she failed to file a timely notice of appeal within 30 days of any of those orders.
See OCGA § 5-6-38(a); Perlman v. Perlman, 318 Ga. App. 731, 739(4) (734 SE2d 560)
(2012) (“The proper and timely filing of a notice of appeal is an absolute requirement
to confer jurisdiction upon an appellate court.” (citation modified)).
In light of the Mother’s failure to follow the proper appellate procedure, this
appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/25/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.

2