Srader v. Midkiff

Pamela and Dennis Srader filed a petition seeking custody of or visitation rights to their granddaughter, Megan Midkiff. Following a hearing, the trial court entered a judgment in favor of the child’s father, Shawn Midkiff. The Sraders appeal, claiming that the trial court erred in denying their request for visitation rights without i properly considering the child’s best interests, ii assigning the case to mediation, or iii making written findings of fact required by OCGA § 19-7-3 c. The Sraders also allege the trial court erred in imposing sanctions pursuant to OCGA § 9-15-14 without providing them with notice and the opportunity to be heard. For the reasons described below, we affirm the trial court’s denial of the Sraders’ request for visitation rights, but we reverse the award of attorney fees and remand the case to the trial court for further proceedings on that issue. The record shows that Megan was born on August 12, 2002 to Syble Srader and Shawn Midkiff, who were not married. Ms. Srader and Mr. Midkiff lived together with the child until approximately April 2003, and Mr. Midkiff filed a petition to legitimate the child in September 2003. In November 2003, the trial court granted the legitimation petition, provided that primary physical custody of the child would remain with Ms. Srader, awarded visitation rights to Mr. Midkiff, and ordered him to pay child support.

From November 2003 until January 2008, Mr. Midkiff exercised his visitation rights with the child, keeping her on alternating weekends, and sharing custody on holidays and during the summers. During this time, Mr. Midkiff married, and he adopted his wife’s three daughters.