Sachs v. Walzer, 34257
| Decision Date | 19 December 1978 |
| Docket Number | No. 34257,34257 |
| Citation | 251 S.E.2d 302,242 Ga. 742 |
| Court | Georgia Supreme Court |
| Parties | SACHS v. WALZER et al. |
Worozbyt & Nodvin, Marvin P. Nodvin, Atlanta, for appellant.
Reeves & Collier, Merrell H. Collier, Atlanta, for appellees.
In this case, we consider the effect of adoption by a child's stepmother on the court-ordered visitation rights of the deceased mother's parents. When the child's mother, who had custody of her under a divorce decree, died, custody reverted to the father, who obtained the child by court order from her maternal grandparents. They later filed a petition in the nature of habeas corpus claiming the father was unfit and seeking visitation. Visitation rights were granted. The child was then adopted by her father's new wife. The grandparents filed this contempt action to enforce their visitation. The trial court upheld the grandparents' contention. We reverse.
Code Ann. § 74-112 1 allows a court having before it a custody question to grant visitation to the child's grandparents. The language of the statute and George v. Sizemore, 238 Ga. 525, 233 S.E.2d 779 (1977), and Rhodes v. Peacock, 142 Ga.App. 328, 235 S.E.2d 762 (1977), make clear that any such grant is purely discretionary, and may be exercised only where the court is considering custody matters and finds that conditions are such that it is appropriate to allow this privilege to the grandparents. The grandparents have no right to visitation, but only a right to request the privilege of visitation. Rhodes v. Peacock, supra.
Here, the father has raised as a defense to the grandparents' contempt that the adoption of the child by her stepmother has terminated whatever limited rights the grandparents possessed. We agree. The adoption has created a new family relationship and terminated the privilege accorded by the statute and visitation order.
While we recognize this ruling may appear harsh, it must be considered in the context in which such problems arise. Parents generally have, and should have, the exclusive control over whom, when, and where their children may visit. The legislature has granted some discretion to courts only in the limited situation where custody questions are in issue. George v. Sizemore, Supra. In the usual case, where a natural parent has died and the spouse remarries, the relatives of the deceased parent will not be cut off from the grandchildren, and litigation will not be necessary. In a case such as this, where there are differences between the parents and the grandparents, we see no reason why the courts should encourage litigation to the harassment of the parents in whom rests exclusive control of the child. Therefore, we find it reasonable to conclude that the adoption by the child's stepmother is such a drastic change from the conditions which existed when the visitation rights were granted, that the grandparents' rights are not enforceable in...
To continue reading
Request your trial
-
Brooks v. Parkerson
...statute confers standing upon grandparents to apply to a court for the privilege of visiting with their grandchildren. Sachs v. Walzer, 242 Ga. 742, 251 S.E.2d 302 (1978). It does not confer a substantive or absolute right of visitation, but simply establishes a procedural vehicle through w......
-
Adoption of Francisco A., Matter of
...e.g., Ex parte Bronstein, 434 So.2d 780 (Ala.1983); In re Adoption of Hammer, 15 Ariz.App. 196, 487 P.2d 417 (1971); Sachs v. Walzer, 242 Ga. 742, 251 S.E.2d 302 (1978); Browning v. Tarwater, 215 Kan. 501, 524 P.2d 1135 (1974). Some courts have not allowed such visitation because they consi......
-
Spitz v. Holland, 34238
...questions are in issue that this statute may be invoked. George v. Sizemore, 238 Ga. 525, 233 S.E.2d 779 (1977); Sachs v. Walzer, 242 Ga. 742, 251 S.E.2d 302 (1978); Rhodes v. Peacock, 142 Ga.App. 328, 235 S.E.2d 762 (1977). Prior to the 1976 statute, there was no right of visitation in gra......
-
Smith v. Smith, 70025
...the grandparents of a minor child may be awarded visitation rights under appropriate circumstances. OCGA § 19-7-3; Sachs v. Walzer, 242 Ga. 742, 251 S.E.2d 302 (1978). In the instant case, however, the grandparents had not intervened in the proceedings as provided in OCGA § 19-7-3(c). They ......