Van Leuvan v. Carlisle

The trial court erred in failing to include written findings of fact to support its broad, conclusory ruling granting visitation rights to the child's maternal grandmother.

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In this appeal from a temporary visitation order, Kellie Van Leuvan, the mother of a minor child hereinafter, “the mother”, challenges the Superior Court of Fulton County’s order granting visitation rights to Connie Carlisle, the child’s maternal grandmother “the grandmother”. In its order, the trial court found that the grandmother had shown, pursuant to OCGA § 19-7-3 c 1, that the health and welfare of the child would be harmed unless visitation with the grandmother is allowed and that such visitation is in the child’s best interest. The mother contends that the court erred in issuing the order without including specific, written findings of fact supporting its ruling and without showing that it applied the proper evidentiary standard in reaching its decision. She also contends that the court erred in considering the testimony and report of the court-appointed guardian ad litem for the child during the visitation hearing, and that the court erred in issuing a temporary visitation order, arguing that the applicable statute does not authorize temporary orders. For the following reasons, we find no error as to the latter two contentions, but vacate the court’s order and remand this case to the trial court with directions to issue a new written order that complies with OCGA § 19-7-3 c 1.

The grandmother’s request for visitation is governed by OCGA § 19-7-3, which is commonly referred to as the “Grandparent Visitation Statute.” In accordance with the statute, a grandparent may file an original action for visitation rights to a minor child when the parents are separated and the child is not living with both of the parents. The statute was enacted to provide a mechanism for courts to grant a grandparent visitation rights with his or her minor grandchild, where, as here, a child’s parent objects. In this regard, the statute codified a standard for the trial courts to utilize in balancing the wishes of an alienated grandparent, the rights of the parents, and the interests of the child.

Van Leuvan v. Carlisle

The trial court erred in failing to include written findings of fact to support its broad, conclusory ruling granting visitation rights to the child's maternal grandmother.

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