Fowler v. Knebel, 467 S.E.2d 177

Fowler v. Knebel

467 S.E.2d 177 | Ga. | 1996

Lead Opinion

Hines, Justice.

We granted this discretionary appeal to consider the constitutionality of Georgia’s “Grandparent Visitation Statute,” OCGA § 19-7-3. However, after granting the appeal, this Court decided the issue in a case already pending before us. Brooks v. Parkerson, 265 Ga. 189 (454 SE2d 769) (1995). In Brooks, we determined that “[t]he statute ... is unconstitutional under both the state and federal constitutions because it does not clearly promote the health or welfare of the child and does not require a showing of harm before state interference is authorized.” Id. at 194. Accordingly, we reverse the trial court’s order granting grandparent visitation rights based on OCGA § 19-7-3, and remand this case to the trial court for disposition in accord with our *318holding in Brooks.

Decided March 4, 1996. John B. Cloy, William W. West, for appellant. Michael J. Bowers, Attorney General, Almond & Ruffin, J. V. Dell, Jr., for appellees.

Judgment reversed and case remanded with direction.

All the Justices concur, except Benham, C. J., and Hunstein, J., who dissent.

Dissenting Opinion

Benham, Chief Justice,

dissenting.

For the reasons outlined in my dissent in Brooks v. Parkerson, 265 Ga. 189 (454 SE2d 769) (1995), I respectfully dissent from the majority’s determination that the trial court erred when it authorized four weekend visits per year between the paternal grandparents and the child.

I am authorized to state that Justice Hunstein joins in this dissent.