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Williford v. Brown

The plaintiff failed to state a claim upon which relief could be granted in her petition for equitable relief, in which she requested an order requiring her father's wife to allow her unimpeded personal access to her elderly but competent father or appointing a guardian ad litem for the man to ascertain his wishes.

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The issue in this case is whether equitable relief is available in Georgia for an adult child of an elderly but competent parent to compel the parent’s new spouse to give the child unimpeded access to the parent. The trial court held that such relief is not available, and we affirm that judgment.

1. On February 10, 2015, Tamara Williford filed a Petition for Equitable Relief against Mary Ann Brown in the Superior Court of Hart County. The petition alleged that Mrs. Brown’s husband, Tommy S. Brown, is Ms. Williford’s biological father; that Mr. Brown is in poor physical health and cannot leave home but is in good mental condition and can make decisions for himself; that Ms. Williford and Mr. Brown have a good relationship, used to talk on the telephone regularly, and until recently saw each other in person; and that Mr. Brown would like to see and speak to Ms. Williford but is prevented from doing so by Mrs. Brown. The petition requested an order requiring Mrs. Brown to allow Ms. Williford unimpeded personal access to Mr. Brown or appointing a guardian ad litem for Mr. Brown to ascertain his wishes. Mrs. Brown filed an answer denying that Ms. Williford is Mr. Brown’s biological daughter, that he is in poor health, that he wishes to have contact with Ms. Williford, and that Mrs. Brown has interfered in any way with Ms. Williford’s access to Mr. Brown.

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