Kellie Van Leuvanv.Connie Carlisle
Kellie Van Leuvan, the mother of a minor child, challenged a Fulton County order granting the child’s maternal grandmother visitation. The trial court found that the child’s health or welfare would be harmed without visitation and that visitation served the child’s best interests, but it did not state specific supporting facts or show that it applied the required clear-and-convincing evidence standard. The Georgia Court of Appeals held that OCGA § 19-7-3(c)(1) made those findings mandatory. It therefore vacated the order and directed the trial court to reconsider the evidence and issue a specific written order. The court rejected the mother’s remaining arguments. By consenting to the guardian ad litem’s appointment and powers, the mother waived her later challenge to the guardian’s qualifications and testimony. The court also held that the statute authorized temporary grandparent-visitation orders because Georgia’s custody statutes and definitions include temporary visitation determinations. The case was remanded for a new order applying the statutory standard. Andrews concurred, and Dillard concurred in the judgment only.
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