Bessie Hudgins files this pro se appeal from an order denying her petition for grandparents’ visitation rights with minor child, K. H., pursuant to Georgia’s Grandparent Visitation Statute, OCGA § 19-7-3. For the following reasons, we reverse the trial court’s order and remand this case with direction.
Barbara Harding and Christopher McCurry are the natural parents of three minor children. See McCurry v. Harding,
As an initial matter, Hudgins’s brief on appeal fails to comply with the rules of this Court. See Georgia Court of Appeals Rule 25. Significantly, Hudgins sets forth no arguments and no citation to legal authority, instead posing three “issues” before the Court. See Georgia Court of Appeals Rule 25 (a) (3).
Briefs that do not conform to the rules regarding enumerations of error, structure of briefs, argument, or citation of authorities, as [Hudgins’s] fails to do, are not merely an inconvenience or grounds for refusing to consider a party’s contentions. Such briefs hinder this [CJourt in determining the substance and basis of an appellant’s contentions both in fact and in law and may well prejudice an appellant’s appeal regardless of the amount of leniency shown. Nevertheless, we will address [Hudgins’s] arguments, insofar as we are able to ascertain them from her brief.
(Citation and punctuation omitted.) Morman-Johnson v. Hathaway,
Hudgins challenges the basis of the trial court’s authority in denying her visitation petition with respect to K. H. The trial court concluded that Hudgins was not entitled to seek visitation rights in light of Wesley Harding’s adoption of K. H. We disagree.
Generally, the adoption of a minor child extinguishes any visitation rights of the child’s former grandparents — OCGA § 19-8-19 (a) (1) provides that a decree of adoption has the effect of severing all former relationships of the adopted child. The Grandparent Visitation Statute, codified in OCGA § 19-7-3 (b), however, sets forth a limited exception to OCGA § 19-8-19 (a) (1). See Lightfoot v. Hollins,
whenever there has been an adoption in which the adopted child has been adopted by the child’s blood relative or by a stepparent, notwithstanding the provisions of [OCGA §] 19-8-19. This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents.
Several months after the Echols decision, however, the Georgia General Assembly amended OCGA § 19-7-3 (b). See Ga. L. 1993, p. 456, § 1. As set forth above, OCGA § 19-7-3 (b) now entitles a grandparent of a minor child to seek visitation rights “whenever there has been an adoption in which the adopted child has been adopted by the child’s blood relative or by a stepparent[.]” (Punctuation omitted; emphasis supplied.) Thus, the statutory amendment vested grandparents with the right to intervene and petition for visitation following a minor child’s adoption by either a blood relative or a stepparent. See OCGA § 19-7-3 (b). It was improper for the trial court to deny Hudgins’s petition based on an obsolete version and interpretation of the Grandparent Visitation Statute.
We nevertheless note that OCGA § 19-7-3 (b) further provides that a grandparent’s original action for visitation rights is not authorized “where the parents of the minor child are not separated and the child is living with both of the parents.” We recently interpreted the term “parents” as used in this last sentence of current OCGA § 19-7-3 (b) to include both “biological” or “natural parents,” as well as adoptive parents. See Bailey v. Kunz,
Here, like the minor child in Bailey, K. H. was adopted by her stepfather, Wesley Harding, making him K. H.’s legal parent under OCGA § 19-8-19 (a) (2). This fact alone, however, did not automatically preclude Hudgins from seeking visitation rights with K. H., see
Judgment reversed and case remanded with direction.
Notes
For example, while the record suggests that Barbara and Wesley Harding resided together at the same address, it also indicates that Barbara Harding and K. H. relocated to a another, separate residence.
Given our holding, we need not address the additional issues presented by Hudgins on appeal.
