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Perrin v. Stansell

The grandparent visitation provisions set forth in O.C.G.A. § 19-7-3 did not apply to maternal grandmother's petition for unsupervised visits with her grandchild since the paternal grandmother had temporary custody of the grandchild.

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Appellant Nita Perrin filed an application for discretionary review of an order by the Hart County Superior Court denying her petition for unsupervised visitation with her grandchild when temporary custody was in the paternal grandmother. This Court agreed to consider the appeal and, after reviewing the record, finds that the trial court erred as a matter of law in denying the appellant’s petition based upon the grandparent visitation standard in OCGA § 19-7-3. Therefore, we reverse the trial court order and remand with directions for a new hearing.

The appellant is the maternal grandmother of the child at issue, B. S., born May 20, 1996. The appellant was present when B. S. was born, and babysat B. S. on numerous occasions throughout the next several months. However, in December 1996, when B. S. was six months old, her father, Scottie Stansell, murdered her mother, the appellant’s daughter. Immediately after the murder, Stansell went to the home of his mother, the appellee, where he stayed with B. S. until he was arrested. Stansell was convicted of murder and is currently incarcerated in Elbert County.

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