A Bibb County mother is scheduled to represent herself today before the Georgia Supreme Court in hopes of gaining custody of her 10-year-old daughter.
The child’s mother, Nevis Jones, and the father, Lypell Foster, divorced in 2002. Foster was awarded custody of the girl by the court system, according to a case summary prepared by the Georgia Supreme Court’s news office.
The order gave Jones the right to have supervised visits, but the courts didn’t require her to pay child support because of health problems. In 2006, Foster sought child support, and Jones was ordered to pay until the decision was later terminated because of her health, according to the summary.
In April 2006, Jones filed a motion alleging that Foster violated the divorce decree by seeking child support and sought a change in custody. She cited overcrowded living conditions and an alleged history of family violence as reasons for the needed custody change, according to the summary.
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After a hearing, the trial court ruled that Foster had not violated the divorce decree because it didn’t prevent him from seeking child support in the future. The court also denied the mother’s motion for a change in custody because she failed to show that the change was in the best interest of the child, according to the summary.
Jones filed an appeal with the Georgia Court of Appeals, but the case was transferred to the state Supreme Court.
Jones argues the trial court made a mistake in denying her 2006 motion because she alleges Foster committed perjury and slandered her to obtain custody.
She also argues that the girl is living in overcrowded conditions and slept in the same bed with her father until she was 7, according to the summary.
Foster has not responded to Jones’ appeal.
To contact writer Amy Leigh Womack, call 744-4398.