Mead v. Owens
Mead v. Owens
Opinion of the Court
"Whenever any court in this State shall have before it any question concerning the custody of or guardianship of any minor child, the court may, in its discretion, grant reasonable visitation rights to the maternal and paternal grandparents of the child.” Ga. L. 1976, p. 247 (Code Ann. § 74-112).
Does this statute apply to an adoption proceeding? It is established that the court may consider such grant of visitation rights to the grandparents only in cases where it has before it a question "concerning the custody of or guardianship” of the minor (Rhodes v. Peacock, 142 Ga. App. 328 (235 SE2d 762) (1977)) or, otherwise stated, where there is "pending before it in any litigation any question concerning” such custody. Dyer v. Allen, 238 Ga. 516 (233 SE2d 772) (1977).
The case pending before the court here was an adoption proceeding by the husband of the natural mother to whom custody had been granted in a previous divorce case. The adoption proceeded without the consent of the natural father whose parental rights had been forfeited by failure to comply with a child support decree (Code §
The trial court properly dismissed the appellant’s petition.
Judgment affirmed.
Concurring Opinion
concurring specially.
I must agree with the legal premise set forth in the opinion in this case. However, I feel compelled to raise a voice in the hope that in a more enlightened time, the strong and natural love that grandparents have for their grandchildren will be recognized to a greater extent and that their rights to implement that affection will be legally enlarged.
Reference
- Full Case Name
- MEAD v. OWENS Et Al.
- Cited By
- 7 cases
- Status
- Published