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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
DEREK REZENDES,
CIVIL ACTION FILE NUMBER
Petitioner, 21FM10201
v.
JOURNEE BAHAM.
Respondent.
EXPEDITED MOTION FOR A PSYCHOLOGICAL AND PARENTAL FITNESS
EVALUATION OF RESPONDENT
COMES NOW the Guardian ad Litem (“GAL”), Crystal S. Wright, Esq., appointed
in the above-styled action to represent the best interests of the minor child, Dajour
Rezendes, who requests that this Court order the Respondent to undergo a
psychological and parental fitness evaluation showing this Honorable Court as follows:
BRIEF FACTUAL BACKGROUND
1.
The parties are parents of one minor child: Dajour Rezendez. The parties were
never married. However, they engaged in a romantic relationship some time after the
birth of the child. The parties’ relationship ended as a result of Respondent suspecting
Petitioner had inappropriate, potential sexual contact with the minor child.
2.
On November 30, 2021, Petitioner filed a Petition for Legitimation, Custody, and
Visitation requesting that this Court grant him primary physical custody. On May 10,
2022, after a hearing on various motions, this Court ordered the appointment of a
Guardian ad Litem (“GAL”) and entered an order for Petitioner to exercise supervised
visitation with the minor child.
3.
As of the date of the date of this Motion, the GAL has started her investigation
and completed the first round of interviews with the parties and some of their witnesses.
Derek Rezendes v. Journee Baham
Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent
DeKalb County Superior Court
CAFN: 21FM10201-1
Page 1 of 4
4.
During the initial call with Respondent, she confirmed that she believed
Petitioner to have touched the child inappropriately and to be grooming him for
continued inappropriate contact. She denied having made similar allegations regarding
sexual misconduct of her other son’s father.
5.
During Petitioner’s initial call, he alleged that Respondent made similar
allegations against her other son’s father. He also alleged that Respondent had
demonstrated behaviors that called her mental stability into question (i.e. alleging that
her older son could potentially molest Dajour, striking Petitioner while the child is in his
arms, etc.), and he encouraged her to seek professional help. According to Petitioner,
Respondent sought treatment for a period from a “healer”, but discontinued treatment.
6.
On August 23, 2022, the GAL interviewed Respondent’s witness, Wesley
Witherspoon, who confirmed that Respondent made allegations of sexual misconduct
against her oldest child’s father years prior.
7.
The GAL is expected to have a preliminary report in the coming weeks and is
continuing her investigation. However, the GAL is alarmed by the conflicting accounts
of Respondent’s past outcry against another child’s father, her failure to take action
right after she believed Petitioner touched Dajour inappropriately, her failure to divulge
she had received therapy previously.
8.
For the reasons articulated above, the GAL believes a psychological evaluation
and parental fitness evaluation is necessary. Although the GAL understands allocation
of payment is within this Court’s discretion, she believes Petitioner should be
responsible for all costs associated with the evaluation.
9.
ARGUMENT AND CITATION TO AUTHORITY
Derek Rezendes v. Journee Baham
Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent
DeKalb County Superior Court
CAFN: 21FM10201-1
Page 2 of 4
Georgia law provides the Court with the authority to order a psychological custodial
evaluation. In all cases in which the custody of any child is at issue between the parents,
“the duty of the judge . . . shall be to exercise discretion to look to and determine solely
what is for the best interest of the child and what will promote the child’s welfare and
happiness.” O.C.G.A. § 19-9-3(a)(2). In making that determination, “the judge may
consider any relevant factor including . . . (C) The capacity and disposition of each parent
to give the child love, affection, and guidance . . . (F) The home environment of each
parent considering the promotion of nurturance and safety of the child . . . (I) The mental
and physical health of each parent . .. (O) Any recommendation by a court appointed
custody evaluator . ..” O.C.G.A. § 19-9-3(a)(3) (emphasis added). The trial court may
also, in its discretion, “order a psychological custody evaluation of the family.” O.C.G.A.
§ 19-9-3(a)(7).
In Rowe v. Rowe, 195 Ga. App. 493, 496 (1990), the Court of Appeals of Georgia
provided, “[i]n attempting to reach a determination regarding the best interest of the child,
the superior court has the power, in any proceeding where the issue of child custody is
contested, to compel either or both parents to submit to examination and evaluation by a
court-appointed clinical psychologist or psychiatrist…The mental health of the parents is
an inherent and vital part of their overall ‘state of health,’ within the meaning of O.C.G.A. §
19-9-4(a), and can be a critical factor in determining the best interest of the child.” Id.
(Emphasis added). See also Trotter v. Ayers, 315 Ga. App. 7, 10 (2012) (noting that “a trial
court has discretionary power to compel the family in a custody dispute to submit to a
psychological custody evaluation”).
The Petitioner’s allegations and Respondent’s behaviors have created concern
regarding the Respondent’s mental health. The GAL believes it is necessary that she submit
to a psychological and parental fitness evaluation immediately.
WHEREFORE, the GAL prays that this Court order the Respondent to submit to a
psychological evaluation to include a parental fitness evaluation within the next 15 days and
make the results available to the GAL from the provider directly. The GAL further prays that
Petitioner be ordered to pay for the evaluation.
Respectfully submitted this 23rd day of August, 2022.
Derek Rezendes v. Journee Baham
Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent
DeKalb County Superior Court
CAFN: 21FM10201-1
Page 3 of 4
/s/ Crystal S. Wright
409 S Perry Street Crystal S. Wright, Esq.
Lawrenceville, GA 30046 Georgia Bar No. 168611
(404)594-2143 direct csw@crystalwrightlaw.com
(404) 393-9792 fax Guardian ad Litem
CERTIFICATE OF SERVICE
This certifies that I have this day served counsel for the Petitioner and the
Respondent with a copy of the foregoing Motion via statutory electronic service to:
Jessica Graham
jessica@jmgfirm.com
Bradley Weidemann
bradley@hobsonlegal.com
Respectfully submitted this 23rd day of August, 2022.
/s/ Crystal S. Wright
409 S Perry Street Crystal S. Wright, Esq.
Lawrenceville, GA 30046 Georgia Bar No. 168611
(404)594-2143 direct csw@crystalwrightlaw.com
(404) 393-9792 fax Guardian ad Litem
Derek Rezendes v. Journee Baham
Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent
DeKalb County Superior Court
CAFN: 21FM10201-1
Page 4 of 4
Preview
IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA DEREK REZENDES, CIVIL ACTION FILE NUMBER Petitioner, 21FM10201 v. JOURNEE BAHAM. Respondent. EXPEDITED MOTION FOR A PSYCHOLOGICAL AND PARENTAL FITNESS EVALUATION OF RESPONDENT COMES NOW the Guardian ad Litem (“GAL”), Crystal S. Wright, Esq., appointed in the above-styled action to represent the best interests of the minor child, Dajour Rezendes, who requests that this Court order the Respondent to undergo a psychological and parental fitness evaluation showing this Honorable Court as follows: BRIEF FACTUAL BACKGROUND 1. The parties are parents of one minor child: Dajour Rezendez. The parties were never married. However, they engaged in a romantic relationship some time after the birth of the child. The parties’ relationship ended as a result of Respondent suspecting Petitioner had inappropriate, potential sexual contact with the minor child. 2. On November 30, 2021, Petitioner filed a Petition for Legitimation, Custody, and Visitation requesting that this Court grant him primary physical custody. On May 10, 2022, after a hearing on various motions, this Court ordered the appointment of a Guardian ad Litem (“GAL”) and entered an order for Petitioner to exercise supervised visitation with the minor child. 3. As of the date of the date of this Motion, the GAL has started her investigation and completed the first round of interviews with the parties and some of their witnesses. Derek Rezendes v. Journee Baham Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent DeKalb County Superior Court CAFN: 21FM10201-1 Page 1 of 4 4. During the initial call with Respondent, she confirmed that she believed Petitioner to have touched the child inappropriately and to be grooming him for continued inappropriate contact. She denied having made similar allegations regarding sexual misconduct of her other son’s father. 5. During Petitioner’s initial call, he alleged that Respondent made similar allegations against her other son’s father. He also alleged that Respondent had demonstrated behaviors that called her mental stability into question (i.e. alleging that her older son could potentially molest Dajour, striking Petitioner while the child is in his arms, etc.), and he encouraged her to seek professional help. According to Petitioner, Respondent sought treatment for a period from a “healer”, but discontinued treatment. 6. On August 23, 2022, the GAL interviewed Respondent’s witness, Wesley Witherspoon, who confirmed that Respondent made allegations of sexual misconduct against her oldest child’s father years prior. 7. The GAL is expected to have a preliminary report in the coming weeks and is continuing her investigation. However, the GAL is alarmed by the conflicting accounts of Respondent’s past outcry against another child’s father, her failure to take action right after she believed Petitioner touched Dajour inappropriately, her failure to divulge she had received therapy previously. 8. For the reasons articulated above, the GAL believes a psychological evaluation and parental fitness evaluation is necessary. Although the GAL understands allocation of payment is within this Court’s discretion, she believes Petitioner should be responsible for all costs associated with the evaluation. 9. ARGUMENT AND CITATION TO AUTHORITY Derek Rezendes v. Journee Baham Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent DeKalb County Superior Court CAFN: 21FM10201-1 Page 2 of 4 Georgia law provides the Court with the authority to order a psychological custodial evaluation. In all cases in which the custody of any child is at issue between the parents, “the duty of the judge . . . shall be to exercise discretion to look to and determine solely what is for the best interest of the child and what will promote the child’s welfare and happiness.” O.C.G.A. § 19-9-3(a)(2). In making that determination, “the judge may consider any relevant factor including . . . (C) The capacity and disposition of each parent to give the child love, affection, and guidance . . . (F) The home environment of each parent considering the promotion of nurturance and safety of the child . . . (I) The mental and physical health of each parent . .. (O) Any recommendation by a court appointed custody evaluator . ..” O.C.G.A. § 19-9-3(a)(3) (emphasis added). The trial court may also, in its discretion, “order a psychological custody evaluation of the family.” O.C.G.A. § 19-9-3(a)(7). In Rowe v. Rowe, 195 Ga. App. 493, 496 (1990), the Court of Appeals of Georgia provided, “[i]n attempting to reach a determination regarding the best interest of the child, the superior court has the power, in any proceeding where the issue of child custody is contested, to compel either or both parents to submit to examination and evaluation by a court-appointed clinical psychologist or psychiatrist…The mental health of the parents is an inherent and vital part of their overall ‘state of health,’ within the meaning of O.C.G.A. § 19-9-4(a), and can be a critical factor in determining the best interest of the child.” Id. (Emphasis added). See also Trotter v. Ayers, 315 Ga. App. 7, 10 (2012) (noting that “a trial court has discretionary power to compel the family in a custody dispute to submit to a psychological custody evaluation”). The Petitioner’s allegations and Respondent’s behaviors have created concern regarding the Respondent’s mental health. The GAL believes it is necessary that she submit to a psychological and parental fitness evaluation immediately. WHEREFORE, the GAL prays that this Court order the Respondent to submit to a psychological evaluation to include a parental fitness evaluation within the next 15 days and make the results available to the GAL from the provider directly. The GAL further prays that Petitioner be ordered to pay for the evaluation. Respectfully submitted this 23rd day of August, 2022. Derek Rezendes v. Journee Baham Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent DeKalb County Superior Court CAFN: 21FM10201-1 Page 3 of 4 /s/ Crystal S. Wright 409 S Perry Street Crystal S. Wright, Esq. Lawrenceville, GA 30046 Georgia Bar No. 168611 (404)594-2143 direct csw@crystalwrightlaw.com (404) 393-9792 fax Guardian ad Litem CERTIFICATE OF SERVICE This certifies that I have this day served counsel for the Petitioner and the Respondent with a copy of the foregoing Motion via statutory electronic service to: Jessica Graham jessica@jmgfirm.com Bradley Weidemann bradley@hobsonlegal.com Respectfully submitted this 23rd day of August, 2022. /s/ Crystal S. Wright 409 S Perry Street Crystal S. Wright, Esq. Lawrenceville, GA 30046 Georgia Bar No. 168611 (404)594-2143 direct csw@crystalwrightlaw.com (404) 393-9792 fax Guardian ad Litem Derek Rezendes v. Journee Baham Expedited Motion for a Psychological and Parental Fitness Evaluation of Respondent DeKalb County Superior Court CAFN: 21FM10201-1 Page 4 of 4