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Lightfoot v. Hollins

The trial court did not abuse its discretion in this grandparent visitation action by denying the father's motion for summary judgment, pursuant to O.C.G.A. § 9-11-56 f, to allow a guardian ad litem to investigate the facts.

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Harry M. Lightfoot, Jr., M. D., the biological father of J. L., appeals the denial of his motion for summary judgment in this action brought by the child’s maternal grandparents seeking visitation with the child. We affirm. Construed in favor of the grandparents, the evidence of record shows that Lightfoot and Dawn Hollins were married in 2001 and J. L. was born on December 19, 2002 in Durham, North Carolina. The parents separated in January 2003 and were divorced in June 2004. Hollins had primary custody of the child following the divorce. But, tragically, Hollins died on October 5, 2004, following a long battle with cancer. Lightfoot obtained custody of the child at that time. In September 2006, Lightfoot married Tywanda Ellison. In April 2007, Ellison purported to adopt the child in court proceedings in Durham County, North Carolina. The couple and child now live in Cobb County. As of the date of this opinion, the child is almost eight years old.

Leon and Carol Hollins are the child’s maternal grandparents, and they live in Maryland. On November 2, 2009, the grandparents petitioned the Superior Court of Cobb County for visitation privileges and later amended the petition. The grandparents averred that Carol Hollins lived with Dawn and the child on a daily basis in Durham for the first 22 months of the child’s life during the time that Dawn was struggling with cancer, but that since Dawn’s death, Lightfoot has only allowed the grandparents to visit the child twice, both times in 2005, when the child was two years old.

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