Morris v. Morris, 309 Ga. App. 387

Mother and father, never married, had two sons, W.W.M. and G.G.M., leading to a petition for child support and a counterclaim for legitimation.
Trial court found both children legitimate of the father and awarded joint custody to mother and father, with father granted visitation for both children and Hutwagner (father's sister) to visit W.W.M.
Mother opposed Hutwagner's visitation; court nonetheless awarded visitation to the father and Hutwagner for W.W.M.
Mother challenged the visitation of Hutwagner, the legitimation of G.G.M., immediate overnight visitation for G.G.M., and a visitation provision tying G.G.M.’s schedule to A.F.M.’s schedule, plus a request for alcohol treatment.
Court held Hutwagner’s visitation as to W.W.M. was error and vacated that portion; court otherwise upheld legitimation of G.G.M. and addressed visitation issues on remand.
On appeal, the court vacated the W.W.M. visitation portion and vacated paragraph 4(b) of G.G.M.’s visitation order; remanded for a revised visitation plan.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hutwagner's visitation should have been granted	Mother contends Hutwagner cannot have visitation since she is not a party or grandparent.	Father argues Hutwagner’s involvement was intended to support visits, not substitute for him.	Visitation to Hutwagner reversed; error to grant.
Legitimation of G.G.M. whether abandonment was shown	Mother asserts father abandoned opportunity to bond with G.G.M.	Father argues ongoing relationship and prenatal/postnatal involvement negate abandonment.	No abuse of discretion; legitimation of G.G.M. affirmed.
Overnight visitation for G.G.M.	Mother challenges overnight visitation as inappropriate.	Father seeks immediate overnight visitation based on existing relationship and best interests.	Court did not abuse discretion in allowing overnight visitation.
Vagueness of paragraph 4(b) linking G.G.M. visitation to A.F.M.’s schedule	Paragraph 4(b) is vague and could allow self-executing changes without consent or court approval.	Father argues provision sets a reasonable framework tied to A.F.M.’s schedule.	Abuse of discretion; paragraph 4(b) vacated.
Failure to order alcohol treatment for father	Mother contends treatment is warranted due to concerns about alcohol use.	Evidence did not establish abuse or dependency; no need for treatment.	No abuse of discretion; no order for treatment.

In re Baby Girl Eason, 257 Ga. 292 (Ga. 1987) (unwed fathers' opportunity interest in developing relationship)
In the Interest of V.B.L., 306 Ga.App. 709 (Ga. App. 2010) (abandonment factors and standard for legitimation)
Davis v. Davis, 212 Ga. 217 (Ga. 1956) (parental visitation rights framework)
Dupree v. Dupree, 287 Ga. 319 (Ga. 2010) (visitation order modification standards)
Hewlett v. Hewlett, 220 Ga. 656 (Ga. 1965) (vagueness of visitation provisions; self-executing changes)
Binns v. Fairnot, 292 Ga. App. 336 (Ga. App. 2008) (appellate review of visitation findings)