Darryl Sheppardv.Sheila Mccraney
Darryl Sheppard, the maternal grandfather of a child whose parents had unresolved substance-abuse, probation, and incarceration problems, sought custody and, alternatively, grandparent visitation. The child was living under the temporary guardianship of the paternal grandparents, and the child’s mother opposed visitation. Sheppard abandoned his custody request at the hearing, but the trial court dismissed that request without ruling on visitation. The Georgia Court of Appeals vacated the judgment in part and remanded with direction. Under OCGA § 19-7-3(c), a court may grant grandparent visitation over a parent’s objection only after determining by clear and convincing evidence that the child’s health or welfare would be harmed without visitation and that visitation would serve the child’s best interests. The statute also requires specific written findings supporting the ruling. Temporary guardianship did not terminate the parents’ rights or make the mother an improper party, and her objection remained relevant. Because the trial court never decided the visitation petition or made the required findings, the appellate court directed it to enter an order addressing that issue under the statutory standard. The judgment was vacated in part and remanded.
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