Opinion
S95A1700
DECIDED MARCH 4, 1996
Domestic relations. Clayton Superior Court. Before Judge Simmons.
John B. Cloy, William W. West, for appellant.
Michael J. Bowers, Attorney General, Almond Ruffin, J. V. Dell, Jr., for appellees.
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 S.E.2d 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.
Judgment reversed and case remanded with direction. All the Justices concur, except Benham, C.J., and Hunstein, J., who dissent.
DECIDED MARCH 4, 1996.
For the reasons outlined in my dissent in Brooks v. Parkerson, 265 Ga. 189 ( 454 S.E.2d 769) (1995), I respectfully dissent from the majority's determination that the trial court erred when it authorized four weekend visits per year between the paternal grandparents and the child.
I am authorized to state that Justice Hunstein joins this dissent.