In the Interest of M. C., a Child (Father)
CourtCourt of Appeals of Georgia
Date FiledOctober 21, 2026
DocketA27D0205
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 21, 2026
The Court of Appeals hereby passes the following order:
A27D0205. IN THE INTEREST OF M. C., A CHILD (FATHER).
On August 24, 2026, the trial court dismissed the father’s petition for
legitimation and visitation. The father asked the trial court to reconsider this ruling,
which it construed as, inter alia, a motion for new trial and denied on August 26, 2026.
On October 1, 2026, the father filed this application for discretionary appeal.1 We lack
jurisdiction.
1
While OCGA § 5-6-34(a)(11) authorizes direct appeals from judgments or
orders “in child custody cases awarding, refusing to change, or modifying child
custody,” and visitation rights are a part of custody, Vines v. Vines, 292 Ga. 550,
551(2) (739 SE2d 374) (2013), this Court looks to the specific issue raised on appeal
to determine whether a party is entitled to a direct appeal under this provision. See
Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). Here, the father does not
challenge any ruling as to visitation. Moreover, because the father is incarcerated, any
appeal he files in a civil case must be brought by discretionary application. See OCGA
§ 42-12-8; Jones v. Townsend, 267 Ga. 489, 490 (480 SE2d 24) (1997) (finding that “in
appeals of civil cases filed by prisoners, there is no right of direct appeal. Instead, the
party wishing to appeal must file an application directed to the appropriate appellate
court.”). See also Finch v. Walden, 372 Ga. App. 115, 119–20(1) (903 SE2d 802)
(2024) (recognizing that child custody actions are civil actions). Accordingly, the
father has no right to a direct appeal here and, although he filed on September 15,
2026, a notice of appeal in the trial court seeking discretionary review of the trial
court’s August 24, 2026 order, the notice of appeal was ineffective because he was
required to file an application. Moreover, his September 15 filing cannot be construed
as a timely application for discretionary appeal because an application must be filed
in the appellate court. See OCGA § 5-6-35(d); Ga. Ct. App. R. 31 (explaining
requirements for filing a discretionary application).
To be timely, a discretionary application must be filed within 30 days following
entry of the order sought to be appealed. OCGA § 5-6-35(d); Hill v. State, 204 Ga.
App. 582, 583 (420 SE2d 393) (1992). This deadline is jurisdictional, and this Court
cannot accept an application for appeal not made in compliance with the statute. Boyle
v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Because the father filed this
application for discretionary appeal 36 days after the denial of his motion for new trial,
his application is untimely.2
For these reasons, we lack jurisdiction over this application for discretionary
appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/21/2026
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
Although the father indicates that he is seeking discretionary review of the
August 24, 2026 order, we have given him the benefit of the date of the denial of his
motion for new trial in assessing our jurisdiction. See OCGA § 5-6-35(d) (“When a
motion for new trial, ... has been filed, the application shall be filed within 30 days
after the entry of the order granting, overruling, or otherwise finally disposing of the
motion.”).