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Weiss v. Varnadore

The Court of Appeals could not determine what standard the trial court applied in granting joint custody to the mother and maternal grandmother under O.C.G.A. § 19-7-19 b 1.

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Upon this Court’s grant of discretionary review, Rhonda Weiss, a/k/a Rhonda Minder, appeals the trial court’s latest order awarding joint custody of her minor children, N. M. S. and D. K. S., to her and to Mary Ann Varnadore,1 the children’s maternal grandmother, and awarding certain visitation rights to Varnadore. For the reasons set forth below, we vacate the judgment and remand the case for further consideration.

This custody dispute began November 5, 1996, when Varnadore sought custody of her grandchildren, ages 9 years and 5 years, alleging that the children were mentally and physically abused by Weiss and her boyfriend, William Minder. The petition further showed that the natural father of the children, David Kelsey Sparre, from whom Weiss was divorced, was incarcerated at that time. As of November 5, 1996, Weiss was in the process of a divorce from Dean Weiss and had twice previously married and divorced Minder, with whom she was again having a relationship. The petition alleged bruising and physical abuse of the grandchildren, and drug use by Weiss and Minder.

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