The trial court granted the former wife's motion to dismiss. See Kosikowski v. Kosikowski, 243 Ga. 413 (3) ( 254 S.E.2d 363) (1979); Kirkpatrick v. Woodruff, 243 Ga. 736 ( 256 S.E.2d 465) (1979); Knox v. Knox, 243 Ga. 797 ( 256 S.E.2d 777) (1979); Shepherd v. Shepherd, 244 Ga. 545 (1) (2) ( 261 S.E.2d 339) (1979). The former husband filed notice of appeal.

This is the tenth appearance of this case before this court. Previous appearances are detailed in Shepherd v. Shepherd, 244 Ga. 545 ( 261 S.E.2d 339) (1979). We find that this appeal was taken for delay only.

And although she asserted as a defense to contempt the unconstitutionality of the underlying statute, there has been no adjudication as to whether the order itself is unconstitutional. See generally Hunsinger v. Leachman, 244 Ga. 104 ( 259 S.E.2d 633) (1979); In re Haldi, 244 Ga. 545, 547(1) n. 2 ( 261 S.E.2d 339) (1979) (noting that it is too late in a contempt proceeding to raise constitutional challenges). In 1991, when the original visitation order was entered, OCGA § 19-7-3(b) provided for grandparent visitation "`upon proof of special circumstances which make such visitation rights necessary to the best interests of the child.'"