McDowell v. Bowers et al.

The trial court erred in permitting the child's biological grandparents to intervene in a non-relative third party's petition to adopt the child because the grandparents were not permitted under Georgia law to intervene under the circumstances presented in this case.

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Ellington, Presiding Judge.Pursuant to a granted application for an interlocutory appeal, Richard Chad McDowell contends that the Superior Court of Bryan County erred in permitting Judith and Jeffrey Bowers, the paternal grandparents of J. N. S., a minor child, to intervene in his petition to adopt the child. Because Georgia law does not permit the grandparents to intervene under the circumstances presented in this case, we must reverse the superior court’s order allowing the intervention.

The relevant, undisputed facts of this case are as follows. J. N. S., the biological child of S. S. and E. S., was born in 2009. The child’s parents divorced in 2012. The divorce decree, which established the parents’ visitation rights, contained no provision concerning grandparent visitation. E. S. died in an accident in 2014. In September 2014, S. S. agreed to allow McDowell to adopt J. N. S., and the probate court granted McDowell letters of guardianship. McDowell is not a blood relative of J. N. S. Rather, McDowell was previously married to S. S. They had a son in 2005; they divorced in 2008. J. N. S. has regularly visited McDowell and his half-brother and has reportedly formed a bond with them. McDowell filed a petition to adopt J. N. S. on September 23, 2015. Shortly thereafter, the granparents filed their motion to intervene, which the superior court granted. According to their supporting brief, the grandparents are seeking custody of the child pursuant to OCGA §§ 19-7-3 and 19-8-15.“In matters of adoption, the superior court has a very broad discretion which will not be controlled by the appellate courts except in cases of plain abuse.” (Citation and punctuation omitted.) Smith v. Hutcheson, 283 Ga. App. 117, 118 (640 SE2d 690) (2006). However, where, as here, an appeal involves a question of law, we owe no deference to the trial court and our review is de novo. Suarez v. Halbert, 246 Ga. App. 822, 824 (1) (543 SE2d 733) (2000).

McDowell v. Bowers et al.

The trial court erred in permitting the child's biological grandparents to intervene in a non-relative third party's petition to adopt the child because the grandparents were not permitted under Georgia law to intervene under the circumstances presented in this case.

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