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Vincent v. Vincent

In ruling on the grandparents' petition seeking visitation rights to their minor grandchildren pursuant to O.C.G.A. § 19-7-3, the trial court should have applied the best interests standard set out in subsection d instead of the less favorable harmed unless such visitation is granted standard set out in subsection c, since the children's father, the grandparents' son, was incarcerated.

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Appellants Harvey Vincent and Annie Nell Vincent collectively grandparents filed a petition seeking, among other things, visitation rights to their minor grandchildren, who are their son’s biological children. The children’s mother, who had been granted a divorce from the father after he was incarcerated, opposed the petition. Following a hearing, the trial court denied the grandparents’ request for visitation under the standard set out in OCGA § 19-7-3 c. The grandparents appeal, asserting, inter alia, that the trial court applied the wrong legal standard, made certain erroneous factual findings or failed to made certain findings, and failed to rule on their request for notification of the children’s public performances under OCGA § 19-7-3 g. For the reasons that follow, we vacate the trial court’s order and remand the case with direction.

1. We first consider whether the trial court applied the wrong legal standard in declining to award the grandparents visitation. Generally, grandparent visitation is governed by OCGA § 19-7-3 commonly referred to as the Grandparent Visitation Statute. As we have previously explained, the Grandparent Visitation Statute

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