Bailey v. Kunz
307 Ga. App. 710
| Ga. Ct. App. | 2011Background
- Carrie Jean Kunz conceived a child with Jason Kunz during marriage to him; they divorced in 2002 and the child was born four months later.
- Carrie Jean later married Douglas Bailey; Jason surrendered parental rights in 2006 and Douglas adopted the child.
- In October 2009, Jason's parents, the Kunzes, filed a petition for grandparent visitation with the child.
- The Baileys moved to dismiss, arguing the petition was unauthorizd because the child lives with both legal parents after adoption.
- The trial court denied the motion to dismiss, prompting an appeal by the Baileys.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does adoption status make a parent qualify under OCGA 19-7-3(b)? | Kunzes: adoptive parent fits 'parent' under statute's limiting language. | Baileys: only biological/legal parents are included unless separated. | adoptive parents fall within 'parent'; petition not authorized |
| Does OCGA 19-7-3(b) prohibit grandparent petitions when child lives with both parents, including adoptive ones? | Kunzes argue statute unconstitutionally withhold grandparent access only from intact nuclear families. | Baileys contend the limitation bars such petitions when parents are together. | limitation applies to adoptive parents; petition not authorized |
Key Cases Cited
- Brooks v. Parkerson, 265 Ga. 189, 454 S.E.2d 769 (Ga. 1995) (grandparent visitation statute unconstitutional for ignoring parental rights)
- Summerlin v. Ga. Pines Community Svc. Bd., 286 Ga. 593, 690 S.E.2d 401 (Ga. 2010) (statutory interpretation; use of context and intent)
- Cohen v. Cohen, 300 Ga.App. 7, 684 S.E.2d 94 (Ga. App. 2009) (direct appeal in child custody cases)