Fowler v. Knebel

467 S.E.2d 177, 266 Ga. 317, 96 Fulton County D. Rep. 876, 1996 Ga. LEXIS 95

• Court: Supreme Court of Georgia
• Decided: March 4, 1996
• Docket: S95A1700
• Status: Published

Opinions

Hines, Justice.

We granted this discretionary appeal to consider the constitutionality of Georgia’s “Grandparent Visitation Statute,” OCGA § 19-7-3. However, after granting the appeal, this Court decided the issue in a case already pending before us. Brooks v. Parkerson, 265 Ga. 189 (454 SE2d 769) (1995). In Brooks, we determined that “[t]he statute ... is unconstitutional under both the state and federal constitutions because it does not clearly promote the health or welfare of the child and does not require a showing of harm before state interference is authorized.” Id. at 194. Accordingly, we reverse the trial court’s order granting grandparent visitation rights based on OCGA § 19-7-3, and remand this case to the trial court for disposition in accord with our holding in Brooks.

Decided March 4, 1996. John B. Cloy, William W. West, for appellant. Michael J. Bowers, Attorney General, Almond & Ruffin, J. V. Dell, Jr., for appellees.

Judgment reversed and case remanded with direction.

All the Justices concur, except Benham, C. J., and Hunstein, J., who dissent.