This is a continuation from our last post. A Georgia grandmother asked a court for permission to visit with her son's children. Her son had surrendered his parental rights, and his ex-wife's new husband had adopted the children, both minors at the time.

The trial court said "no" for the younger child, basing its opinion on a statute that only allowed grandparents to visit when a child was adopted by a blood relative -- the stepfather didn't qualify. The appeals court, though, pointed out that the statute had been amended to include stepparent adoptions.

The appeals court had to go a little further. The statute adds that grandparents may not ask for visitation rights if the child's parents aren't separated and the child lives with both parents.

Here, the child was living with his biological mother and his stepfather -- and that means both parents, according to the court. However, this did not automatically mean the grandmother's petition was denied.

The appellate decision said the lower court had made another mistake. The court needed proof that the mother and stepfather were still living together and that the child was still living with them. Without knowing this, the court should not have made any decision at all.

Having set aside the order denying the grandmother's petition, the appeals court sent the case back to the trial court. The trial court must determine that the child is living with his mother and stepfather.

The case is a good example of how nuanced grandparent's rights laws are in Georgia. It is always a good idea to consult with a family law professional in matters as sensitive as visitation rights.

Source: Leagle.com, Hudgins v. Harding, Court of Appeals of Georgia, Jan. 18, 2012