Grandparents’ rights in Georgia are laws that allow grandparents to ask for visits or even custody of their grandchildren in certain situations. The state knows that grandparents can play an important role in a child’s life, especially when families go through tough times like divorce or separation.
Still, grandparents need to know when they can use these rights to have a relationship with their grandchildren. They can face challenges when trying to secure or exercise their rights.
If you are a grandparent seeking visitation or custody, our Canton contested child custody lawyers can guide you through this process, protect your rights, and ensure the court hears your voice. We can explain your legal options and answer any questions during a private consultation.
How Do Georgia Courts Decide on Grandparents’ Rights?
When a court reviews a grandparent’s request for visitation or custody, it focuses on what is best for the child. Here are the main factors considered:
- The best interests of the child: The court’s primary concern is ensuring the child’s emotional, physical, and overall well-being. It will look at how a relationship with the grandparents could benefit the child’s life.
- Evidence of harm from denial: Grandparents must show that not having visits would harm the child. This might mean they must prove the child would suffer emotionally or lose out on important support.
- Existing relationship: The court considers how strong and positive the relationship between the grandparent and the child is. If the grandparents have played a big role in the child’s upbringing, this can support their request.
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770-479-1500When Can Grandparents Request Visitation Rights?
Grandparents in Georgia can request visitation in certain situations. However, this can happen in certain situations, such as when:
- The child’s parents are divorced or separated.
- One of the child’s parents is deceased.
- The child is not being properly cared for by their parent(s).
To receive visitation rights, grandparents must show that the child would benefit from spending time with them and that not allowing them to visit could harm the child. The court will then decide based on the child’s needs and the grandparents’ existing relationship.
It is important to note that, as outlined in Georgia Code § 19-7-3, grandparents can file a petition for visitation only once every two years. Additionally, they cannot move forward with a petition for visitation if another custody case involving the child is in progress during that calendar year.
When Can Grandparents Seek Custody Rights?
Grandparents may seek custody if they believe the child’s parents cannot care for them. Situations where this might happen include:
- Neglect or abuse by the parents: If a child is being neglected or abused, grandparents may step in to ensure the child’s safety and stability.
- Parental inability to provide care: Sometimes, serious issues like health problems or substance abuse may keep the parent from being unable to care for the child. In these cases, grandparents can seek custody to provide a secure home for their grandchild.
- Parental absence: When parents are absent for long periods due to reasons such as incarceration or deployment, grandparents can pursue custody to provide consistent care and support for the child.
Legal Steps for Grandparents’ Rights in Georgia: An Overview
To request visitation or custody, grandparents need to follow specific steps. Here’s an overview:
- Filing a petition: Grandparents must start the legal process by filing a petition with the court to request visitation or custody.
- Providing evidence: They need to provide strong evidence that supports their claim. This can include showing a close relationship with the child or evidence that being in their care would be in the child’s best interest.
- Preparing for court evaluations: The court may conduct evaluations or hearings to understand the family’s situation better. Grandparents can prepare for these steps to show they can meet the child’s needs.
Grandparents can build their case for visitation or custody by following the steps and collecting evidence that supports their claims. Working with our Canton family lawyers can help grandparents protect their bond with their grandchild and feel more confident moving forward.
How Our Lawyers Can Help Your Grandparents’ Rights Case
We understand the emotional toll grandparents can feel when they seek visitation or custody of a child they love. If you are facing this situation, you do not have to handle your case on your own. We can help.
We will manage the entire legal process for you and update you on all developments so that you know what’s going on. We can gather the evidence that supports your case and represent you in court.
We will ask you more about your situation to determine the legal options available and how we can pursue them. We will:
- Help you understand all the laws and legal rules your case involves and how we will follow them.
- Collect and organize the proof for your claims and show why your involvement is good for your grandchild. This evidence can include photos, messages showing a strong bond, witness statements, and proof of involvement in the child’s life.
- Present your case in court and handle any challenges that come up, giving you the best chance to protect your rights.
We also address potential objections other parties may have to the grandparent’s rights. These include:
- Claims that visits disrupt the child’s routine or family stability.
- Arguments that the grandparents’ involvement is unnecessary.
- Concerns that the grandparents’ visits could cause conflict within the family.
- Assertions that parental rights may be affected by granting grandparent visitation or custody.
We can address these objections by presenting evidence that highlights the positive role you play in your grandchild’s life. We can also address parents’ concerns by negotiating and finding solutions that work for everyone while protecting your rights.
Want Help With a Grandparents’ Rights Case in Georgia? Call Us
At Speights Law, we care about our clients and work to resolve their legal differences so they can move forward with peace of mind. We understand how important your grandchild is to you, and we’re committed to helping you protect that bond.
We’re also committed to helping you understand what grandparents’ rights are in Georgia and how we can secure them. With more than 20 years of experience helping families, we will guide you through every step with care and understanding. Call today for a private consultation.
