Grandparents’ Custody Rights in Georgia

Our Experienced Attorneys Protect Grandparents' Rights

As a grandparent, you might anticipate having fair access to your grandchildren. In Georgia, however, grandparents do not have an automatic right to custody or visitation under the law. It is advisable to assess your legal alternatives and determine if your situation could enable you to establish visitation or custody rights for your grandchildren.

Seeking guidance from a knowledgeable family law attorney, such as those at the Gentry Law Firm LLC, can assist you in exploring potential solutions to your custody and visitation concerns. Trying to secure your rights as a grandparent independently is not recommended. Our extensive experience in family and divorce law spanning several decades can greatly benefit your case.

Know Your Rights As a Grandparent

Understanding the rights that grandparents have about custody and visitation is crucial. It is important to note that custody and visitation are distinct concepts with differing implications.

When a grandparent seeks custody of their grandchildren, they are essentially aiming to become their legal guardians. On the other hand, seeking visitation means asking the court to grant them the opportunity to spend time with their grandchildren.

Can Grandparents be Granted Custody of their Grandchildren?

Grandparents have the right to pursue custody of their grandchildren, particularly in cases where it is evident that the children are residing in a detrimental environment. Custody may be granted by the court if the grandchildren are living in an abusive or otherwise harmful situation.

To be awarded custody, grandparents must provide compelling reasons. These reasons may include situations where the parents are deemed unfit, such as cases involving drug abuse, criminal behavior, or neglect. Additionally, custody may be granted if the parents have voluntarily relinquished their rights or if there is evidence of neglect or abuse toward the children.

In certain instances, grandparents can also seek custody of their grandchildren if the biological parents are deceased. When pursuing custody, a judge will review the circumstances and determine if it is in the best interest of the grandchild to grant custody to the grandparents.

Can You Seek Visitation if Custody is Denied?

In Georgia, grandparents have the option to request visitation rights by initiating legal action. The timing for filing for visitation can be complex, especially if the grandchild's parents are married and the child lives with them, as there may be no basis for a visitation claim.

However, grandparents can seek visitation rights if the parents are separated, or if the court determines that the child's welfare is at risk without the involvement of the grandparent. Visitation rights can be pursued during custody proceedings such as divorce cases, adoptions, or situations where parental rights are terminated.

Each case is unique, and seeking the guidance of a family law attorney is highly recommended. At Gentry Law Firm LLC, we offer personalized care and expertise to assist you with your legal matters and family concerns.

When Can Grandparents File for Visitation Rights?

Grandparents are eligible to file for visitation rights under specific circumstances once every two years. However, if there is an ongoing custody case, grandparents cannot file for visitation independently. In such cases, they may petition to intervene in the existing legal proceedings.

Courts typically grant grandparent visitation rights if it is deemed to be in the best interest of the child. If the well-being of the child is at risk without visits from their grandparents, the court will likely uphold the visitation rights.

In situations where a parent is unavailable due to death, incapacity, or incarceration, grandparents may be granted visitation rights. Mediation may be recommended to resolve disputes between parents and grandparents regarding visitation, with the child's best interests being paramount.

If the court finds that the absence of the grandparent could harm the child's health or welfare, they may consider granting visitation based on various factors, such as the duration of the grandparent-grandchild relationship, the financial support provided by the grandparent, and the impact of their absence on the child's emotional well-being.

How to Request Visitation

Grandparents have the option to request court-ordered visitation with their grandchildren by filing a petition for visitation. This petition can either be initiated as an original action if there are no other ongoing custody cases, or the grandparents can join an existing case.

Upon filing the petition, the grandparents will be considered as the plaintiffs, while the grandchildren's parents will be named as the defendants. The petition must include the grandchildren's names and birth dates, as well as reasons why their well-being or health would be impacted without the grandparents' presence, and why it is in the best interest of the grandchildren to grant visitation.

A proficient family law attorney in Georgia can assist you in diligently preparing your case. They will guide you on the necessary evidence needed to support your petition and represent you during the visitation case proceedings.

What Happens in a Visitation Case?

If your petition for visitation is granted, you will be legally entitled to spend time with your grandchildren. Typically, you will be granted a minimum of 24 hours per month to see them, with the possibility of receiving more time based on the circumstances.

Should the court deny your visitation request, you will have to wait for two years before reapplying. Even if you are not granted visitation, the court may still require the parents to inform you about specific aspects of your grandchild's life, such as school activities, extracurricular participation, graduations, or public events.

In certain situations, you may risk losing your visitation rights. For instance, if your grandchild is adopted by someone outside of their blood relatives, you may no longer have the right to request visitation. Similarly, if the parental rights of your child are terminated following the adoption by a new stepparent, your visitation claim may be voided.