GRANDPARENTS RIGHTS
GRANDPARENT VISITATION RIGHTS IN GEORGIA
Many states in America allow grandparents to seek visitation rights, and Georgia is one of those states. Grandparents are allowed to ask for a reasonable amount of time for visitation to maintain a relationship. The adults and family members in a child’s upbringing significantly impact their overall quality of life. As a grandparent, it’s essential to understand the rights you have and the process required to exercise those rights.
CAN I SEEK VISITATION RIGHTS AS A GRANDPARENT IN GEORGIA?
Yes, as a grandparent in Georgia, you have the right to ask the court for visitation with your grandchildren. You can exercise this right in two ways. One is filing independently, but you may only file an original action once every two years. You also can’t seek visitation for a child who lives with both parents, and the parents are not separated. You can also join in an existing legal action.
THE STANDARD FOR GRANTING VISITATION TO GRANDPARENTS
Georgia courts will generally award grandparent visitation rights in the following circumstances:
- There would be harm to the child’s welfare or health if visitation were to be denied.
- The visitation would be in the best interests of the child.
These factors are considered when determining child custody, placement, and visitation schedules to come up with the best fit for the child.
- The child has resided with the grandparent requesting visitation for at least six months.
- The grandparent has helped provide financial support for at least a year for the child’s basic needs.
- The child has visited the grandparent regularly, or the grandparent provided child care previously.
Can grandparent visitation rights be taken away?
After a grandparent is granted visitation rights in Georgia, the parent must ask the courts to revoke them or amend the visitation schedule. The parent must show good cause for a change, and they may only request the change once every two years. While the parents’ wishes are respected, they do not have the final say in the matter. This decision regarding grandparent visitation rights is up to the court system.
What is the process like for grandparent visitation?
A grandparent must file a petition, which is legal paperwork, to request grandparent visitation rights in Georgia. Throughout the process, the court may appoint an independent spokesperson, an advocate for the child, and send the parties to mediation. Usually, parents and grandparents can come up with their own visitation schedule. If no mediation is held, a hearing will be held to determine whether or not visitation will be granted.
NEXT STEPS
Now that you have taken the time to educate yourself on who we are, it’s time to focus on how to move forward in your case. Contact us via phone or the contact form to schedule your comprehensive one-hour consultation. Be sure to have available, all relevant information and details about your case when you contact Family Matters Law Group so that we can provide you with an exceptionally personalized experience.
