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Esasky v. Ford

In a biological relative adoption, the trial court erred in failing to make specific written findings of fact pursuant to O.C.G.A. § 19-7-3 regarding grandparent visitation and other rights of contact with the child.

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Nicholas and Jimita Esasky appeal from a final decree of adoption awarding them parental rights to Nicholas Esasky’s biological granddaughter, S. S., and also awarding visitation to the child’s biological grandmother, Vicki Ford. The Esaskys contend, inter alia, that the trial court failed to rely upon clear and convincing evidence in determining its grant of visitation. Ford did not file an appellate brief in this action. Because the trial court erred by failing to make specific written findings of fact pursuant to OCGA § 19-7-3,1 we vacate the portion of the trial court’s order related to visitation and other contact rights, and remand this case with direction.

In a single order on January 6, 2012, the trial court terminated the parental rights of S. S.’s biological mother and father and granted the Esaskys’ petition to adopt S. S. Also, over the Esaskys’ objections, the trial court granted visitation rights to Ford, who had intervened in the adoption action to seek visitation.

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