Divorce can be challenging for the entire family. Keeping as many relationships intact after a divorce is important for children, especially those with grandparents. Strained relationships in families, during and after a divorce, may not always make this possible. Grandparents may also lose some of the time they’re used to if the custodial parent is their child’s ex-spouse. Luckily for those that live in Georgia, as a grandparent you have certain grandparent visitation rights that you can file for.
Do Grandparents Get Visitation Rights?
While a grandparent does not automatically get any rights to or visitation with their grandchild, the state of Georgia recognizes the importance of a child having a relationship with their grandparents. This all too common, and valid, concern among grandparents can sometimes be made better by a law that allows them to file a petition for visitation with their grandchild. While the courts must take into consideration the wishes of the parents, often a reasonable agreement can be made to please all parties. If you need assistance navigating this process, our team of family court attorneys can help.
When Can Grandparents Petition The Court For Visitation?
Just like any legal case, there are rules surrounding when grandparents can and cannot file a petition for visitation rights. If there’s already an existing case regarding custody, visitation, termination of parental rights, or adoption by a stepparent or blood relative, the grandparent can file their petition along with it. If no case exists, they may file their own.
There are limits on when a grandparent can file for visitation. A petition is allowed to be filed when the parents are already separated or divorced, and is limited to a request once every two years. If the parents of the child are currently living together then a grandparent is not allowed to file for visitation.
Several factors go into determining if visitation rights will be granted. If visitation is in the best interests of the child, it may likely be granted. Things taken into consideration include whether or not there was a regular visitation pattern established prior to the divorce, if the grandparent provided childcare, if the grandparent provided financial support, and whether or not a lack of visitation would cause emotional or physical harm to the child.
If the parents don’t agree on the grandparents’ visitation, things can get a little difficult but that doesn’t mean that rights will immediately be taken away. Parents may also file a petition for the removal of the grandparents’ visitation rights, but no more than once every two years.
Can A Grandparent File For Custody Of A Child?
In Georgia, the court presumes that a child is best off living with their parents. If you’re a grandparent and believe that your grandchild would be better off living with you, then you can file for custody. You will however have to prove, and provide evidence, that the parents are unfit and are unable to provide for the child. You must also prove that staying in the parent’s home would be detrimental to the child’s physical or emotional well-being.
We understand how stressful it is fighting for what’s best for your child, or grandchild, and it doesn’t have to be. At Family Matters Law Group we will use our expertise in family law to help you get the visitation that grandparents deserve. We specialize in cases where convention isn’t always key. Contact us today to discuss your case.
