The Rights of Grandparents to Child Visitation in Georgia

One of the most painful and emotional issues during a divorce in Georgia is the issue of child custody, child support, and child visitation. While the roles and responsibilities of a parent are well-established, most do not understand the right of grandparents to see their grandchildren.

In Georgia, the law does recognize certain grandparents’ rights, which comes up in a number of different ways. Often, it is in the context of a divorce, or in the even of the death of a parent. The rights of grandparents in Georgia also come up when a child has been living with their grandparents, and now the parents decide that they want the child back. Finally, when the grandparents and parents of a child become estranged, grandparents can seek custody or visitation rights with their grandchildren. While this article will give you a basic overview of Georgia child custody and visitation law as it relates to grandparents, we strongly recommend if you are dealing with this type of situation that you consult with an Atlanta family law attorney who focuses on grandparents’ rights.

To begin, all else being equal Georgia custody law favors the natural parents to have custody of a child. With that being said, there are situations when courts will find that it is in the best interest of the child for a grandparent (or other relative) to gain custody.

To convince a court that a grandparent should have custody in Georgia, the grandparent must show that (1) granting custody to the natural parents would harm the child and (2) granting custody to the grandparent would promote the health, welfare and happiness of the child. This standard can be met in a number of ways, and is often seen in cases where there is abuse, drug or alcohol addiction, or neglect.

If a grandparent petitions the court for visitation rights in Georgia, the court will look at (1) whether the child will be harmed if grandparent visitation rights are not granted and (2) whether visitation with the grandparent is in the best interest of the child. It is entirely up to the court to decide what is in the best interest of the child.

In sum, Georgia family law does recognize the importance of grandparent-grandchild relationships, and as with all aspects of Georgia family and child custody law, will determine these issues using the standard of the best interest of the child. If you have an issue concerning grandparents’ rights in Georgia, talk to an Atlanta family law attorney.

Atlanta Family Law Attorneys
Georgia Family Law