What Are Grandparents Custody Rights in Georgia

There are many times when family relationships change, including through divorce. Much of the focus is often on ensuring parents get equal time with their children, but grandparents may have rights as well. Many times, grandparents are an integral part of a young child’s life and taking that child away from the grandparent does a disservice to them. Understanding grandparent custody rights in Georgia is essential.

At Sharon Jackson LLC, we work with families facing a wide range of changes to provide them with a way through difficult times. If you are a grandparent who is seeking custody or visitation of your grandchild, there are several ways we can help you. Do not wait to give us a call to learn more.

Understanding Grandparent Rights in Georgia

In the state of Georgia, grandparents have the right to seek visitation. There are times when grandparents can also seek out primary physical custody of a minor grandchild. Typically, the courts make decisions based on what is in the best interest of the child. Primary custody is not often awarded to a grandparent when there are capable parents available. However, if you are facing this situation, it helps to know your rights.

Georgia law encourages a relationship between the child and grandparents in situations where this is in the best interests of the child. This law, which went into place in 2012, establishes a requirement to provide grandparents with visitation of their grandchildren. The law specifically encourages that the child’s best interests be taken into consideration. If the child has a lasting relationship with a grandparent from prior to a divorce, for example, they may be awarded visitation.

When Grandparents May Be Able to File for Visitation

There are two situations in which the state of Georgia allows for a grandparent to file for visitation rights. A grandparent has the right to file an action in court one time every two years to seek visitation. That means the court can decide to provide visitation or not to do so based on what is in the best interest of the child.

Additionally, grandparents can also join an existing court action, such as a divorce petition or adoption by a stepparent.

When a Grandparent May Be Given Custody

Child custody matters in Georgia nearly always focus on meeting the child's specific needs. There may be times when the child is at risk, in some way, if they remain with a parent. In this situation, it may be possible for a grandparent to seek custody of the grandchild.

More so, it is possible for a grandparent to be given priority consideration for custody in some situations. This applies, for example, if the state decides to remove the children from the care of the parents for any reason. Instead of the child going into a foster care center, the grandparent may be able to take custody if it is safe for the child to do so.

Additionally, it is possible for grandparents to adopt their grandchildren and assume the parental role. This may occur in situations where the parent cannot maintain care for their child or when the court deems it necessary.

Factors Considered in Making Decisions About Grandparent Rights

Child custody is always focused on what the child's needs are and whether any decision is beneficial to the child, not to parents or grandparents. However, when considering the grandparent's legal right to see and spend time with their grandchild, the court will look at factors that play a role in whether the child is safe and supported. Some of the guidelines the court may use include:

• The overall age and health of the grandparents.
• The age and health of the children.
• The location of the child from their grandparents (is the distance too far to make visitation logical)
• The previously established relationship between the child and the grandparent
• The ability of the grandparent to meet the child’s physical and emotional needs
• Whether the grandparent can meet any developmental needs of the child

When to Seek Help from a Gwinnett County Family Lawyer

Whenever possible, parents and grandparents can work together to find an alignment for visitation and ongoing communication between grandparents and grandchildren. When this does not happen, it may be in the best interests of all parties to seek out the help of a Gwinnett County family lawyer. Sometimes, when this is very important, include the following:

• The parent denies visitation of the child to their grandparent after a disagreement between the parent and grandparent.
• The parent dies or goes to jail, and the other parent refers to providing grandparents with the right to see the child.
• The parent denies the grandparent access to the child after the child has spent a period of time with that grandparent, such as caring for them on a routine basis.

While grandparents have rights in situations like these, that does not mean obtaining them is easy to do. Divorce in Georgia can be very challenging and that often leads to numerous arguments and frustrating moments between parents and grandparents. That is why working with a Georgia grandparents’ rights attorney could be critical.

With the help of an attorney, you gain insight into what your rights are based on the specific circumstances in your case. Each situation is unique in that the court will consider relationships and the child’s needs to determine what services are best for that child. If you want to see your grandchildren, then it may be critical that you work with a Georgia child custody attorney to help you prove this is in the best interests of that child.

How A Gwinnett County Grandparents’ Rights Lawyer Can Help

At Attorney Sharon Jackson LLC, we help people achieve the best possible outcome. Set up a consultation with our Georgia child custody attorney to discuss grandparents' rights in the state. Learn how we can help you to obtain rights or to fight back if you believe a grandparent should not have those rights. Call us now at 678-436-3636 for the help and guidance you need.

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