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Bailey v. Kunz

The limiting language of O.C.G.A. § 19-7-3 b-forbidding original actions for grandparent visitation if the parents are together and living with the child-includes adoptive parents.

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Appellants Douglas and Carrie Jean Bailey appeal from the denial of their motion to dismiss a petition, filed by Robert and Royce Kunz, for grandparent visitation of the Baileys’ child. Because the trial court incorrectly concluded that OCGA § 19-7-3 b authorizes such a petition, we reverse. The relevant facts are undisputed. Carrie Jean was married to and conceived a child with Jason Kunz, son of Robert and Royce. In June 2002, while Carrie Jean was still pregnant, the couple divorced; the child was born four months later. Carrie Jean thereafter married Douglas Bailey, and in 2006, Jason surrendered his parental rights, and Douglas adopted the child.

After a dispute arose over ongoing grandparent visitation, Jason’s parents, the Kunzes, filed this petition for visitation of the minor child in October 2009. The Baileys moved to dismiss the petition because of the adoption and Jason’s surrender of his parental rights, arguing that such a petition was not authorized because the Baileys were the legal parents and lived together with the child. The trial court denied the motion, giving rise to this appeal.1

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