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Hargett v. Dickey

The appellant could not challenge the resulting visitation order, since she aided in causing the order by moving the trial court to enforce an earlier visitation agreement.

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Lisa Marie Hargett files this pro se appeal from an order granting her mother, Betty Dickey, visitation rights with her two children pursuant to Georgia’s Grandparent Visitation Statute, OCGA § 19-7-3. Dickey moves to dismiss the appeal and to impose sanctions upon Hargett for filing a frivolous appeal. For the following reasons, we affirm the trial court’s order, deny the motion to dismiss, and deny the motion to impose sanctions. Dickey initially sought permanent primary physical custody of her grandchildren in a petition filed on December 21, 2007, in which she alleged that the children were deprived in their mother’s care. In an ex parte order, the court granted temporary primary physical custody of the children to Dickey. Following a hearing in January 2008, the children remained in Dickey’s custody and Hargett was allowed supervised visitation. Later during the pendency of the action, Hargett regained physical custody of the children and Dickey was allowed visitation with them.

On February 4, 2009, Dickey amended her petition, removing from it her request for custody and instead seeking permanent visitation rights. The court held a hearing on February 11, 2009 on the issue of visitation. Hargett’s counsel stated at the hearing that Hargett was willing to allow Dickey visitation with the children but opposed court-ordered visitation rights. The court indicated that it was inclined to award visitation rights to Dickey and encouraged the parties to reach an agreement concerning the specific terms of visitation. After a recess, the parties represented to the court that they had reached an agreement on those terms, and the court set forth the terms of their agreement on the record.

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