Grove v. Grove

Summary

The Supreme Court of Georgia affirmed a divorce judgment awarding the paternal grandparents visitation with the minor child as a substitute for the father's visitation schedule. The court held that the wife waived her objection that the grandparents had not intervened and also failed to preserve her challenge to the absence of specific written findings by approving the judgment as to form.

Holdings

1. Wife waived the intervention objection by failing to raise it in the trial court. Her participation in and acquiescence to litigation of the grandparents' visitation constituted consent to their participation and to the court's authority to award visitation under OCGA § 9-11-15 (b).
2. Wife was estopped from asserting that the judgment was deficient for lack of written findings of fact because she approved the order as to form and did not object to the omission in the trial court.

Questions Presented

1. Whether Wife could challenge on appeal the paternal grandparents' visitation award because the grandparents had not filed a petition to intervene.
2. Whether Wife could challenge on appeal the visitation award because the final judgment lacked the specific written findings of fact required by OCGA § 19-7-3 (c).

Disposition

affirmed