Brooks v. Parkerson

454 S.E.2d 769 (1995)

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Nature of the Case

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Facts

Parkerson (G), the maternal grandmother, filed a petition for visitation. That petition was opposed by the child's parents, Stacy and William Brooks (P). P filed a motion to dismiss, based on the constitutionality of the statute that gave G visitation rights. The trial court denied that motion and P appealed. The statute grants grandparents the right to seek visitation of a minor grandchild by filing an action for visitation, intervening in custody actions related to the child, and by proceeding where there had been an adoption in which the child has been adopted by a blood relative or a stepparent. The statute allows visitation when there are special circumstances in the best interests of the child.