Evans v. Sangster

768 S.E.2d 278, 330 Ga. App. 533, 2015 Ga. App. LEXIS 7
CourtCourt of Appeals of Georgia
DecidedJanuary 15, 2015
DocketA14A2110, A15A0079
StatusPublished
Cited by2 cases

This text of 768 S.E.2d 278 (Evans v. Sangster) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. Sangster, 768 S.E.2d 278, 330 Ga. App. 533, 2015 Ga. App. LEXIS 7 (Ga. Ct. App. 2015).

Opinion

ELLINGTON, Presiding Judge.

In Case No. A14A2110, Joanna Evans (“Joanna”) appeals from an order of the Superior Court of Crisp County, which entered a judgment affecting two cases that were consolidated below: (1) a petition brought by Connie and Bob Sangster (“the Sangsters”), in which they sought visitation with their biological grandson, Joanna’s minor child, C. S.; and (2) a petition for stepparent adoption brought by Joanna’s husband, Jason Evans (“Jason”), in which the Sangsters intervened. In related claims of error, Joanna contends that the trial court erred in granting the Sangsters visitation with C. S. She also contends that the trial court erred in consolidating the proceedings below, and in issuing an adoption decree that was “subject to” the court’s final decision with respect to grandparent visitation. Finally, she argues that, although the court granted her husband’s petition to adopt, the court erred in entering a decree allowing C. S. to retain his father’s surname.

In Case No. A15A0079, Jason appeals from the final decree of adoption. Jason raises the same claims of error that Joanna raises in her appeal. Because these matters were consolidated by the trial court below and decided based upon the same facts, we consolidate these appeals for the purposes of this opinion. See, e.g., Ray v. Hann, 323 Ga. App. 45 (746 SE2d 600) (2013).

The facts relevant to both appeals are as follows. The Sangsters are the paternal grandparents of the minor child, C. S. C. S. is the son of Joanna and of the Sangsters’ son, Robert Michael Sangster, Jr. (“Michael”). Joanna and Michael divorced on March 25, 2010, about [534]*534two years after C. S. was bom. The final decree awarded the parties joint legal custody of C. S., with Joanna being the child’s primary physical custodian. The final divorce decree incorporated a separation agreement which provided as follows:

The parties agree that[,] in the event of the husband’s death during the minority of their child, the Husband’s parents shall be entitled to reasonable visitation rights with said child, and that in the event of the Wife’s death during the minority of the child, the Wife’s parents shall be entitled to reasonable visitation rights with the child.

After the divorce, the Sangsters regularly visited with C. S., primarily when he was staying with his father during his custodial visits. On August 27, 2011, Joanna married Jason. Michael died of cancer in July 2012.

Not long after Michael’s death, the Sangsters experienced resistance from Joanna in their efforts to continue regular visitation with C. S. Consequently, they sought the advice of counsel and, with counsel’s assistance, they entered into an agreement with Joanna setting forth a regular visitation schedule. On July 15, 2013, the Sangsters filed a petition seeking court-ordered grandparent visitation, which initiated the underlying suit, Civil Action No. 13V-159. When Joanna was served with the suit, she immediately withheld all visitation with C. S. from the Sangsters. Consequently, the Sangsters amended their complaint to include a contempt count. In her amended answer, Joanna “deniefd] that the [Sangsters] are ‘entitled to remain an integral part of [C. S.’s] life as though his father were still alive[,]’ ” and asserted that any visitation between C. S. and his grandparents was entirely at her discretion.

On July 26, 2013, eleven days after the Sangsters filed their petition for visitation, Jason filed his petition for stepparent adoption, Civil Action No. 13AV-005. The Sangsters moved to intervene in the adoption on August 9, 2013, seeking to preserve their visitation with C. S. The Sangsters also filed an objection to the adoption on September 5, 2013. The court granted the Sangsters’ motion to intervene in the adoption proceeding on February 20, 2014.

On August 26, 2013, the court held a temporary hearing in Case No. 13V-159 on the issue of grandparent visitation. A psychologist who had met with the Sangsters testified that C. S. would be harmed if he was unable to see his grandparents. He opined that grandparent visitation is especially important to a child who has lost a parent. He further testified that C. S. would benefit from regular and predictable visitation with his father’s side of the family. During her hearing [535]*535testimony, Joanna admitted that the Sangsters do, indeed, have a close bond with C. S. She admitted that she had entered into an agreement with the Sangsters allowing them reasonable visitation. She also admitted withholding that visitation when the Sangsters sought a court-ordered visitation schedule. Joanna explained that what constitutes “reasonable visitation” should be in her sole discretion, that she should be permitted to allow visitation only when it is convenient for her and her new family, and that reasonable visitation could mean no visitation if the circumstances demanded it. The court also took into consideration 64 affidavits submitted by friends and family of the Sangsters, attesting to the Sangsters’ character and to their relationship with C. S. At the conclusion of the hearing, the court ruled from the bench that grandparent visitation would resume immediately and that a written order would follow.

On September 9, 2013, the trial court entered a temporary order in Case No. 13V-159, finding that “[C. S.] had a close relationship and a bond with [the Sangsters,]” and that the Sangsters had maintained that bond after C. S.’s father had died. The trial court also found that Joanna had entered into an agreement allowing the Sangsters visitation, but had withheld visitation when she was served with the instant petition. The court found her in contempt for her wholesale denial of visitation to the Sangsters, which the trial court found to be “inherently unreasonable”; however, the court withheld the imposition of any sanctions. The trial court ordered that the Sangsters were entitled to reasonable visitation with C. S., and set forth a temporary visitation schedule. Joanna did not comply with the court-ordered visitation schedule, and on October 4, 2013, the trial court granted the Sangsters’ motion for contempt, finding that Joanna wilfully and knowingly violated the temporary order and imposed sanctions.

On February 20, 2014, the court consolidated the Sangsters’ petition for grandparent visitation and Jason’s petition for adoption. Thereafter, the parties submitted letter briefs, but it does not appear from the record in either case that any additional evidence was presented to the court. On May 19, 2014, the trial court entered two orders. In one order, styled jointly under Civil Action Nos. 13AV-005 and 13V-159, the court addressed the issue of visitation only. In that order, the court made specific findings of fact, including that C. S. had a close bond with the Sangsters, that there had been a regular pattern of visitation between them, that C. S. would be harmed if visitation were to cease, and that it was in the best interest of C. S. to have scheduled visitation with the Sangsters, especially given the death of his father. In the second order, entered in Civil Action No. 13AV-005 only, the court granted Jason’s petition and issued the decree of [536]*536adoption. The final decree of adoption provided that “nothing in the foregoing decree shall in any way interfere with visitation rights previously granted by this Court in a Final Order in Case No. 13V-159.” The decree also provided that C. S.’s surname would not be changed to “Evans,” as Jason requested.

Case No. A14A2110

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Cite This Page — Counsel Stack

Bluebook (online)
768 S.E.2d 278, 330 Ga. App. 533, 2015 Ga. App. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-sangster-gactapp-2015.