Kunz, et al. v. Bailey, et al.
Annotate this CaseAppellants are the biological paternal grandparents of a child born to appellee and appellants' son. After Douglas Bailey married the child's mother, he adopted the child in 2006 when appellants' son terminated his parental rights to the child. The court had granted appellant's petition for certiorari and posed the following question: Did the Court of Appeals correctly "conclude that the limiting language of OCGA 19-7-3 (b) - forbidding original actions for grandparent visitation if the parents are together and living with the child - includes adoptive parents"? The court answered the question in the affirmative and upheld the judgment by the Court of Appeals. Accordingly, the Court of Appeals did not err when it concluded that the term "parents" in OCGA 19-7-3(b) did not exclude an adoptive parent such as Mr. Bailey. The Court of Appeals also did not err when it concluded that the trial court erred when it denied appellees' motion to dismiss.
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