Patten v. Ardis.

Summary

The court held that the statutory provision allowing grandparent visitation when a parent has died, become incapacitated, or been incarcerated violates the Georgia Constitution because it permits interference with a fit parent's decision without clear and convincing proof of actual or threatened harm to the child. The visitation award was therefore reversed, and the case was remanded for consideration under the separate provision requiring proof of harm. All justices concurred.