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LIGHTFOOT v. HOLLINS
707 S.E.2d 491 (2011)
Court of Appeals of Georgia.
January 26, 2011.
On February 8, 2010, the trial court held that OCGA § 19-7-3 provides a basis for the grandparents' claim despite any alleged adoption, a determination that Lightfoot does not contest. The court held that the lack of contact between the grandparents and the child over the four years prior to the petition was not sufficient standing alone to resolve all of the facts relevant to the petition. The court appointed a guardian ad litem for the purpose of representing the best interest of the child. The guardian was given the right and authority "to completely investigate all aspects of the case...." Lightfoot contends the trial court erred by denying summary judgment because the grandparents failed to produce clear and convincing evidence that the health or welfare of the child would be harmed absent their visitation. He also contends the lack of contact for over four years was sufficient as a matter of law to resolve the issue before the court. He argues that there is no reason to invite the intrusions that the grandparents seek
during the litigation, such as "therapists to examine the child, to examine the parents; guardians ad litem[] to examine the homes; discovery and depositions conducted." Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56(c). We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245(1), 577 S.E.2d 564 (2003). The relevant Code section provides the grandparents with the right to seek visitation in the present circumstances: Except as otherwise provided in this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. OCGA § 19-7-3(b). It is OCGA § 19-8-19 that provides for the termination of all legal relationships between an adopted child and his or her relatives. Thus, as the above language makes clear, the grandparents' rights are not affected by an adoption by a stepparent. The Grandparents Visitation Statute provides that a court may grant a grandparent reasonable visitation rights only when the court finds that "the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation." OCGA § 19-7-3(c). The evidence must be clear and convincing. Ormond v. Ormond, 274 Ga.App. 869, 870, 619 S.E.2d 370 (2005). The harm requirement means that grandparents must show more than that their contact with the child would be beneficial to the child:
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