McAlister v. Clifton
Annotate this CaseErin McAlister appealed trial court orders awarding Wendi Clifton, McAlister’s former domestic partner, visitation rights to McAlister’s adopted daughter, Catherine, pursuant to Georgia's equitable caregiver statute. McAlister contended the trial court erred in declaring the statute “constitutional, both facially and as applied to [Clifton],” as well as finding that Clifton had standing to seek visitation rights as Catherine’s equitable caregiver. McAlister also contended the trial court erred in denying her counterclaim for breach of a settlement agreement that the parties signed when they separated. Because Catherine turned 18 years old prior to the docketing of this appeal, McAlister's challenge to the award of visitation rights was moot. Those portions of the trial court's orders addressing the constitutionality of the equitable caregiver statute and the award of visitation, were vacated, and the trial court directed to dismiss Clifton's claim for visitation. However, because the record supported the trial court’s finding that McAlister failed to carry her burden of proving any damages from Clifton’s alleged breach of the settlement agreement, the court did not err in denying McAlister’s counterclaim. Consequently, the Supreme Court affirmed that portion of the court’s judgment.
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