In the Interest of D. M. P., a Child (Grandmother) ( 2022 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    May 23, 2022
    The Court of Appeals hereby passes the following order:
    A22D0388. IN THE INTEREST OF D. M. P., A CHILD (GRANDMOTHER).
    In April 2021, the juvenile court entered an order terminating the parental
    rights of Anthony Pinasco to the minor child D. M. P. Lois Pinasco, the paternal
    grandmother of the child, had previously filed in the case a motion to intervene for
    grandparent visitation. The court granted Lois’s motion to intervene, but, following
    the termination of Anthony’s parental rights and a hearing on Lois’s motion for
    grandparent visitation, the court denied the motion for grandparent visitation. Lois
    filed this application for discretionary appeal.
    Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody
    cases awarding, refusing to change, or modifying child custody” are directly
    appealable. Thus, the juvenile court’s order here is directly appealable. Id.; see Cohen
    v. Cohen, 
    300 Ga. App. 7
    , 8 (1) (684 SE2d 94) (2009); Taylor v. Curl, 
    298 Ga. App. 45
    , 45 (679 SE2d 80) (2009). Under Georgia law, “[v]isitation is considered a
    custody issue.” Daniels v. Barnes, 
    289 Ga. App. 897
    , 899 n. 1 (658 SE2d 472)
    (2008); see also OCGA § 19-9-41 (4) (defining “child custody proceeding” as “a
    proceeding in which legal custody, physical custody, or visitation with respect to a
    child is in issue”). Thus, the order Lois seeks to appeal is directly appealable.
    This Court will grant an otherwise timely discretionary application if the lower
    court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this
    application is hereby GRANTED. Lois shall have ten days from the date of this order
    to file a notice of appeal with the trial court. The clerk of the trial court is DIRECTED
    to include a copy of this order in the record transmitted to the Court of Appeals.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    05/23/2022
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A22D0388

Filed Date: 5/23/2022

Precedential Status: Precedential

Modified Date: 5/23/2022