Georgia Grandparents' rights can be confusing. Most grandparents have good intentions for their grandchild. When things go wrong, or there is miscommunication about expectations, issues arise. National Grandparents Day is Sunday, September 13, and the ideal time to have a few conversations.
Grandparents often provide valuable practical, emotional, and financial roles in the lives of their grandchildren. That is especially true in times of divorce, separation, parental illness, incarceration, and other family disruptions.
At Attorney Sharon Jackson, LLC, we serve as a grandparent visitation lawyer in Georgia, providing answers and support. Here is what you need to know.
Georgia grandparent visitation rights are not automatic. Rather, the state gives fit parents the authority to decide who has contact with their children. That means a close family relationship does not confer on a grandparent an enforceable right to visitation. This can be devastating to grandparents who have spent their lives supporting those children.
Various circumstances exist in which a grandparent may seek rights under the state's laws. If any of these apply to your situation, it may be beneficial to seek the help of our legal team in pursuing visitation:
Even in these situations, the court does not automatically provide visitation. Grandparents must seek clarification from the court regarding their rights.
Grandparents seeking custody in Georgia have a very high bar to demonstrate in order to have that right. Specifically, the grandparent must show that the child's health or welfare would be harmed without visitation. They must also demonstrate that court-ordered contact would serve in the child's best interest. This is the governing principle in all decisions in family law.
Then, the court must weigh the information available to make a decision. This means balancing the grandparent-grandchild relationship against the constitutional rights of the parents.
To come to a decision on granting these rights, the court looks at all factors, evidence, and statements available. Their objective is always to do what is in the best interests of the child. To do that, they will consider:
The burden of proving what is in the child's best interests is in the hands of the grandparent. The parents do not necessarily have to prove it is not.
When seeking legal action related to grandparent visitation rights in Georgia, you need to consider the terminology used by the state.
As you consider National Grandparents Day, it is important to know what you can do to continue to play a valuable role in your grandchild's life.
Grandparent custody in Georgia could be explored when a parent cannot safely or consistently care for the child. That is, you must demonstrate that the grandparent can provide more than a better home for the child.
Typically, this means demonstrating that the parent is unfit in some way. Parental unfitness or other legally significant circumstances may be necessary for grandparents to obtain custody of their grandchild.
Another resource is kinship guardianship. Guardianships help grandparents to handle factors such as the following:
The appropriate agreement here is dependent on whether the parents agree to these decisions. It also matters how long the care is expected to last, such as if the parent is overseas for a set amount of time. The court also considers if there are any immediate safety issues present that must be considered.
Adoption can change or eliminate a grandparent's right to visitation. In each situation, the outcome depends on the circumstances under which the child was adopted and who adopts them. If you believe adoption is a consideration for the child's parent, reach out to an attorney as soon as possible.
Never assume a spoken, handshake agreement is enough. This leaves grandparents without the authorization to provide medical treatment, communicate with schools, obtain benefits for the child, or make emergency decisions.
When seeking custody or visitation, gather as much evidence as possible. Do this throughout your relationship with your grandchild. Hold onto:
When conflicts are present, grandparents must do their part to work within the best interests of the child. That means child-focused communication and mediation in many cases. Avoid criticizing the parents. Do not violate any parental boundaries. And never use the child as a messenger.
These are tough situations that require a caring but strong legal hand. These are highly specific cases that require an experienced family law attorney. If you are facing questions or concerns about grandparent guardianship, visitation, custody, or another arrangement, turn to our team for guidance.
Call Attorney Sharron Jackson LLC now at (678) 436-3636. Our team can review your situation and offer guidance.
When will the court give grandparents' rights?
Grandparent rights are not automatic. You can seek them at any time. The court will award them when it is in the best interests of the child to do so.
Can I seek grandparent visitation after their parents pass away?
It is common for grandparents to want to secure their relationship with their grandchild when their child dies. Seek legal guidance.
Will the court award emergency custody to a grandparent?
The court may take action in situations where there is evidence of neglect, abuse, or dependency.
Attorney Sharon Jackson LLC
188 Hurricane Shoals Road NE
Building 3000
Lawrenceville, GA 30046
Phone: (678) 909-4100
