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Nicholas Esasky Et Alv.Vicki S. Ford

CourtCourt of Appeals of Georgia
Docket No.A13A0069
DecidedMay 23, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsChild CustodyCivil ProcedureDue ProcessEvidenceVacaturRemand
Case Summary

Nicholas and Jimita Esasky adopted their biological granddaughter, while the child’s biological grandmother, Vicki Ford, received visitation and other contact rights in the final decree. The Georgia Court of Appeals held that adoption ordinarily ends a former grandparent’s visitation rights, but the statute creates a limited exception when a child is adopted by a blood relative. That exception still requires proof that visitation is necessary to protect the child’s health or welfare and serves the child’s best interests. The evidence must be clear and convincing, and the trial court must make specific written findings supporting its decision. The trial court made neither the required findings nor the necessary evidentiary determinations. The appellate court therefore vacated the portion of the decree granting Ford visitation and related contact rights and remanded for an order applying the statutory requirements. The decision did not disturb the adoption itself. The judgment was vacated in part and remanded.

Opinion

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Nicholas Esasky Et Al V. Vicki S. Ford — The Atlanta Gleaner