CLARK v. WADE

Nos. S00A1610, S00A2014.

544 S.E.2d 99 (2001)

273 Ga. 587

CLARK et al. v. WADE et al. Driver et al. v. Raines.

Supreme Court of Georgia.

Reconsideration Denied April 5, 2001.


Attorney(s) appearing for the Case

English, Tunkle & Smith, Richard Tunkle, Clayton, for appellants (case no. S00A1610).

Campbell & Campbell, Susan C. Campbell, McDonald & Cody, Phillip G. Cody, Jr., Cornelia, for appellee (case no. S00A1610).

Vicky O. Kimbrell, Hannibal F. Heredia, Vicky L. Gribble, Lisa J. Krisher, Phyllis J. Holmen, Atlanta, Todd C. Hughes, Augusta, Stephen R. Scarborough, Atlanta, amici curiae (case no. S00A1610).

Lambda Legal Def/Educ Fund, Inc., Stephen Randall Scarborough, Atlanta, for amicus appellee.

Kutner & Bloom, Jean M. Kutner, David A. Webster, Atlanta, for appellants (case no. S00A2014).

Moulton & Massey, John W. Moulton, Kristine M. Tarrer, Conyers, for appellee (case no. S00A2014).


FLETCHER, Presiding Justice.

In these two child custody disputes, the maternal grandparents challenge the trial court's award of custody to the noncustodial father. The trial courts found in both cases that it would be in the best interest of each child to remain with his grandparents, but struck down the "best-interest-of-the-child" standard in OCGA § 19-7-1(b.1) as unconstitutional. We granted the grandparents' discretionary applications to determine whether...

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