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Albert Ballwegv.Georgia Department Of Human Services, Division Of Family And Children Services

CourtCourt of Appeals of Georgia
Docket No.A15A2056
DecidedMarch 23, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsChild CustodyStatutory InterpretationVacaturRemand
Case Summary

Albert Ballweg, the paternal grandfather of two children whose parents’ rights had been terminated, sought permanent custody or visitation from the Georgia Department of Human Services. The superior court denied both requests, and Ballweg appealed. The Court of Appeals affirmed the custody ruling because reasonable evidence supported it and the trial court had not abused its discretion. It vacated the visitation ruling, however, because the trial court applied the wrong legal standard. Georgia law requires a grandparent seeking visitation over opposition to establish by clear and convincing evidence that the risk of harm from denying visitation outweighs the parent’s constitutionally protected interests. That standard governs the statutory grandparent-visitation mechanism and could not be replaced by a less demanding best-interests analysis applicable to other third-party custody questions. The appellate court did not decide whether Ballweg could satisfy the correct standard. It affirmed in part, vacated in part, and remanded for further proceedings on visitation. The chief and presiding judges concurred.

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