317 Ga. App. 91
Ga. Ct. App.2012Background
- Dispute over grandparent visitation for minor grandchild C.T.
- Child born Nov. 2005 to Ashton Sheppard and Wayne Tisdale; parents had drug issues and criminal histories.
- Paternal grandparents were awarded temporary guardianship in July 2007.
- Maternal grandfather Sheppard claimed he cared for the child and formed a bond, and sought visitation.
- Mother and paternal grandmother testified and opposed Sheppard’s visitation request; Sheppard abandoned custody request.
- Trial court dismissed custody and did not rule on visitation; case remanded to determine visitation under OCGA § 19-7-3 (c) with specific findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not ruling on grandparent visitation under OCGA § 19-7-3 (c). | Sheppard argues for visitation based on bond and care. | Mother and paternal grandmother object to visitation. | Remand for written findings under OCGA § 19-7-3 (c). |
Key Cases Cited
- Luke v. Luke, 280 Ga. App. 607 (Ga. App. 2006) (recognizes grandparent visitation statute and standard)
- Cates v. Jamison, 301 Ga. App. 441 (Ga. App. 2009) (requires clear and convincing evidence and specific findings)
- Perrin v. Stansell, 243 Ga. App. 475 (Ga. App. 2000) (discusses balancing standard for grandparent visitation)
- Rainey v. Lange, 261 Ga. App. 491 (Ga. App. 2003) (remedial remand for proper findings under statute)