Parents have the legal right to make decisions about the care and well-being of their children. When a marriage is ended by divorce, or if the parents were never married, custody and visitation of minor children often become a dispute between the parents. Sadly, co-parenting disputes can result in a child's grandparents not being able to see their grandchild. In other families, parents may decide jointly that they do not want their children to have contact with their grandparents.

When a child's biological grandparents are not permitted to visit their grandchild, they may decide to ask a court for legal grandparent visitation rights. In the state of Georgia, grandparent visitation rights can be legally protected in many instances. Visitation is when a court grants someone the right to regular visits with a minor child.

Grandparent Visitation Rights in Georgia

Georgia, like all states, has addressed grandparent visitation rights in state law, but the laws vary considerably from state to state. In Georgia, grandparents do not automatically get visitation rights but they do have an avenue to legally request visitation with their grandchild. They are allowed to request this if:

1. The child’s parents have divorced or separated, and the child is not living with both parents (Georgia grandparents cannot file for visitation of children who live with both parents); OR
2. The child’s parent is incapacitated, incarcerated, or deceased.

Since 2012, Georgia has had legislation friendly to grandparents who want legally granted visitation with grandchildren, and provides for decisions to be made "in the best interest of the child." 

The Georgia Grandparents Visitation Statute encourages a relationship between grandparents and grandchildren, provided it is in the best interest of the child:

“It is the express policy of this state to encourage that a child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their child after such parents have separated or dissolved their marriage or relationship.”  

Grandparents can sue for visitation rights in Georgia in two ways:

• Grandparents may file a court action for visitation with their grandchild once every two years, OR
• Grandparents can join an already existing court action such as a divorce petition, adoption by a stepparent or family member, or a termination of parental rights.
  • In cases where the child is adopted by individuals who are not their biological parents, Georgia law does not grant visitation rights to the biological grandparents.

Key Issues in Determining Grandparent Visitation Rights 

Once a grandmother or grandfather files for grandparent visitation in Georgia, the court will determine whether granting this visitation order will benefit the grandchild. In particular, they will examine whether the wellbeing of the child would be harmed if their preexisting relationship with their grandparent were discontinued.

These are the some questions that Georgia courts will consider when deciding whether to grant visitation to a grandparent:

• Will the child be physically or emotionally harmed if they do not have regular contact with their grandparents?
  • Did the child live with the grandparents for six or more months?
  • Did the grandparents financially support the child?
  • Has the child regularly visited the grandparents?
• Are the grandparents actively involved in the child's life?
• Do the grandparents have a good relationship with both parents?
• Are the children at risk in the grandparents' care?
• Are the grandparents physically and mentally fit to care for the child?

If a grandparent is granted visitation rights, Georgia law allows the child's parent or legal guardian to request the court to amend or revoke the grandparent's visitation with good cause.

Limited Exception to Grandparents' Rights Statute in Georgia

While Georgia recognizes grandparents' rights to seek visitation with their grandchildren, there is a limited exception to this statute that is important to understand. Under this exception, grandparents do not have the statutory right to seek visitation if the grandchild's parents are still married and living together, unless one of the following circumstances exists:

• The parents have divorced or legally separated.
• One of the parents has died or become incapacitated.
• The child was born out of wedlock and the parents are not currently cohabiting.

This exception is based on the principle of upholding the constitutional rights of parents to raise their children as they see fit, without undue interference from third parties, including grandparents. Note that even in cases where the exception applies, a court may still grant grandparent visitation if it determines that such visitation would be in the child’s best interests. 

Attorney Sharon Jackson is well-versed in this nuanced area of Family Law and can provide valuable guidance and advocacy.

Grandparent Rights Organizations

There are several groups dedicated to protecting the rights of grandparents and grandchildren. Many of these were founded by grandparents who advocate on behalf of all grandparents facing visitation and custody issues with their grandchildren:

• AARP Grandparent Information Center
• Grandparents Rights Organization
• Grandparent - Grandchild Connection
• National Committee of Grandparents for Children's Rights
• GrandFamilies of America

Do You Have Questions About Grandparent Visitation Rights in Georgia?

The reality is that most people will face at least one difficult Family Law legal situation such as the end of a marriage or a custody dispute with the other parent or grandparent. To talk with an experienced Georgia grandparent rights lawyer, contact Family Law Attorney Sharon Jackson today by completing the Case Review form or call at (678) 909-4100.