In Georgia, a parent can deny a grandparent visitation, but sometimes, grandparents can ask the court for visitation rights. While parents usually have the final say, state law understands that a relationship with a grandparent can be good for a child.
If a grandparent believes that being denied visits might harm the child emotionally or physically, they can ask the court to look at the situation and decide whether visits should be allowed.
Our Canton contested child custody lawyer can help you understand your visitation rights, whether you are a parent or grandparent. We can guide you through the legal process and handle your case. To learn more, contact us for a private consultation.
When Can Grandparents Seek Visitation Rights in Georgia?
Georgia law allows grandparents to petition for visitation if:
- The parents are separated or divorced, and the child is not living with both parents.
- One parent is deceased, incapacitated, or incarcerated.
- A stepparent or a blood relative has adopted the child.
Grandparents may file an original action for visitation once every two years and cannot file during any year when another custody action concerning the child is pending.
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(770) 479-1500The Legal Process for Grandparents Seeking Visitation
Grandparents seeking visitation in Georgia must follow certain steps, which include filing a petition, presenting evidence, and meeting the requirements set by Georgia law.
Knowing what to expect and what the court will consider can make it easier to approach this situation with confidence and clarity.
Filing a Petition
If grandparents are denied visitation in Georgia, they can petition the court for visitation rights. To do this, they must submit a request explaining why visits are important for the child.
Per Georgia Code § 19-7-3, grandparents can file a petition for visitation only once every two years. They cannot file a petition if another custody case for the child is already underway that year.
Presenting Evidence to the Court
For grandparents to get visitation, they need to show the court why spending time with the grandchild is in the child’s best interest. This can include evidence of a close bond, regular time spent together, or any support the grandparent has given to the child.
Grandparents should also explain how the child might be hurt emotionally or socially if visits are not allowed.
Meeting Georgia’s Requirements for Grandparent Visitation
When evaluating a grandparent’s petition for visitation, Georgia courts require clear and convincing evidence that:
- The child’s health or welfare would be harmed without the visitation.
- The visitation is in the best interests of the child.
The court may also consider:
- Whether the child previously lived with the grandparent for six months or more.
- Whether the grandparent financially supported the child’s basic needs for at least one year.
- Whether there was an established pattern of regular visitation or child care by the grandparent.
- Any other circumstances indicating that emotional or physical harm would likely result if visitation is not granted.
By meeting these requirements and presenting strong reasons, grandparents can show the court why their visits are important for the child’s well-being.
How a Canton Contested Child Custody Lawyer Can Help
We understand that disagreements over grandparent visitation can be complicated and emotional for both sides. They often involve deeply personal family relationships and a strong desire to do what’s best for the child.
For grandparents, it can feel heartbreaking to be separated from a grandchild they love and have built a bond with. Meanwhile, parents may have concerns about how these visits fit into the child’s life or worry about how they can add to family disputes.
It can help to work with our family law attorney, who can help you process these feelings while you receive legal counsel on your next steps. Our legal team will focus on your rights and the well-being of your grandchild while building your case.
We Will Help You Understand Your Rights and Protect Your Interests
You have an experienced ally in us when we work on your case. We will explain your rights and the legal steps regarding visitation. We also will clarify what Georgia law says about grandparent visitation and what options may be available.
When we represent you, we will:
- Explain all laws that could affect your case’s outcome: This includes explaining Georgia’s child custody laws.
- Guide you through the petition process: We will properly file a petition on your behalf and review it to confirm that the document meets all legal requirements.
- Help gather case evidence: We can help collect evidence that shows the bond between the grandparent and grandchild, such as photos, records of visits, or proof of support provided.
- Prepare statements and testimonies: We help grandparents prepare their statements and, if needed, gather testimonies from other family members or friends who support the visitation.
- Show the court how visits benefit the child: We can present reasons why continued contact is in the child’s best interest, emphasizing any emotional, social, or physical benefits.
- Represent you in court: If the case goes to court, we can speak on behalf of the grandparents, answering questions, presenting evidence, and making arguments to support their case.
- Address potential objections: Our lawyers can anticipate and respond to any objections from the parents. We aim to resolve conflicts in a way that best serves the child.
What Happens if the Court Approves a Grandparent’s Visitation?
If a court approves grandparent visitation, it will typically establish a specific schedule outlining when and how visits should take place. This schedule will detail the days, times, and length of each visit to ensure consistency and stability for the child.
Here’s how it generally works:
- Court-ordered schedule: The court sets a schedule that may include weekends, holidays, or other agreed-upon times, balancing the child’s other commitments.
- Clear guidelines: The order may include rules for transportation, pick-up and drop-off locations, and any other conditions to ensure the child’s safety and comfort.
- Compliance by both parties: Parents must legally comply with the visitation schedule. If conflicts arise, they should address them through legal channels rather than altering the schedule on their own.
- Modifications over time: If circumstances change, either the grandparent or the parents can request modifications, but they must seek the court’s approval.
When a court order is in place, grandparents have the assurance of protected, scheduled visits while maintaining respect for the parents’ roles and the child’s well-being. We will work to achieve this outcome for you or one that is most beneficial for your case.
Frequently Asked Questions (FAQs) About Grandparent Visitation
Grandparents often have many questions when seeking visitation rights in Georgia. Here are some of the most common questions grandparents ask, along with answers to help you understand the process.
Can I Seek Visitation if My Grandchild’s Parents Are Married?
No. In Georgia, grandparents can petition for visitation only if the child’s parents are separated or divorced or if one parent is deceased, incarcerated, or incapacitated.
How Can I Show That Visitation Is Best for My Grandchild?
You should gather evidence that shows your positive relationship with your grandchild, such as photos, letters, or records of time spent together. Evidence of any emotional or physical support you’ve provided can also be helpful.
You can also submit letters from witnesses who can speak positively of the influence you’ve had on your grandchild’s life and the importance of your relationship.
How Many Times Can I File for Visitation?
Georgia law says grandparents can file a petition for visitation once every two years unless another custody case involving the child is active that year.
Can I Still Seek Visitation if My Grandchild Has Been Adopted?
Yes, if a stepparent or another close relative adopts your grandchild in Georgia, you may still petition for visitation rights in Georgia. The court will consider whether continuing your relationship with your grandchild is in their best interest.
However, if the adoption is by non-relatives, Georgia law does not allow grandparents to seek visitation rights.
We Can Help if a Parent Is Seeking to Deny a Grandparent Visitation in Georgia
We understand how important your relationship with your grandchild is and how painful it can be to face limitations on time together. Navigating whether a parent can deny a grandparent child visitation in Georgia isn’t easy, but you don’t have to go through it alone. Our family lawyers can help.
With over 20 years of experience helping Georgia families through complex legal matters, our team is here to provide the support and guidance you need. Call Speights Law today to discuss your case and learn how we can advocate for your rights and your grandchild’s best interests.
We offer private consultations and can meet with you during an evening or weekend appointment for your convenience.
