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Devlin v. Devlin

The trial court did not abuse its discretion in not permitting the grandmother to appear via telephone for a mediation and a final evidentiary hearing on the issue of grandparent visitation.

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Margaret Devlin “the grandmother”, pro se, appeals from a superior court order denying her request for an established schedule of grandparent visitation under OCGA § 19-7-3 d. She contends that the trial court erred in: 1 denying her requests to present telephonic testimony under OCGA § 19-9-50 b; 2 denying her request to participate in a mediation by telephone; 3 failing to determine whether she could “travel to Georgia without financial harm”; 4 allowing the daughter-in-law “to enter testimony without legitimate evidence”; 5 failing to discover “conclusively that the mother’s testimony was true”; and 6 concluding “that the grandparent visitation would cause harm to the children.” For the reasons explained below, we find no merit in these contentions and affirm.

The record shows that the grandmother first sought visitation through a Pennsylvania court following the death of her son, the minor children’s father, in July 2013. In June 2014, a Pennsylvania court awarded sole physical and legal custody of the children to their mother, allowed limited grandparent visitation, and approved the mother’s relocation to Georgia with the children. In February 2014, the mother moved to Georgia, obtained a Georgia driver’s license, employment, leased a home, and enrolled the children in a Georgia school.

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