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Boddie v. Daniels, S10A1821

*All courts mentioned are at the state level.

  • In order to deny a Mother’s petition to terminate temporary guardianship of her daughter, court must find by clear and convincing evidence that termination of temporary guardianship would harm the child.
  • Clark v. Wade, 273 Ga. 587 (2001) interprets O.C.G.A. § 29-2-8(b) and states that a third party must provide clear and convincing evidence that child will suffer physical or emotion harm if custody awarded to biological parent.
  • This ‘best interest standard’ is constitutional.
  • ‘Harm’ means physical or significant, long-term emotional harm, not merely social or economic disadvantage.