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Jason Evansv.Connie Sangster et al.

CourtCourt of Appeals of Georgia
Docket No.A15A0079
DecidedJanuary 15, 2015
Reporter330 Ga. App. 533; 768 S.E.2d 278
JudgesCourt of Appeals of Georgia; Chief Judge Phipps, Presiding Judge Ellington, and Judge McMillian
Tags
CivilFamily LawChild CustodyCivil ProcedureStatutory InterpretationVacaturRemand
Case Summary

Jason Evans appealed the decree granting his stepparent-adoption petition for the child and preserving visitation rights for the child’s paternal grandparents, who had intervened in the adoption proceeding. He argued that the trial court could not consolidate the adoption with the grandparents’ visitation case or include visitation in the adoption decree, and that the decree had to change the child’s surname as requested in the petition. The Court of Appeals held that Georgia law allowed the grandparents to intervene and seek visitation in a stepparent-adoption proceeding, permitted consolidation, and authorized the visitation award to be included in the decree. But the adoption statute required the decree to name the child as requested, so the court vacated the decree only as to the surname and remanded with direction to revise it to use “Evans.” In the companion appeal, A14A2110, the court affirmed the visitation judgment.

Opinion

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