Granparents' Rights
Grandparents’ Rights in Georgia: Understanding Your Legal Options with an Alpharetta Family Law Attorney
Grandparents play a crucial role in the lives of their grandchildren, and in certain situations, they may seek legal rights to visit, care for, or even seek custody of their grandchildren. If you are a grandparent seeking visitation or custody rights in Georgia, understanding the legal framework and your rights is essential. At Hastings Shadmehry, our Alpharetta family law attorneys are here to help you navigate the complexities of grandparents’ rights and ensure your family’s best interests are protected.
How Does Georgia Law Define a Grandparent?
In Georgia, a grandparent is defined as the parent of a child’s parent, which may include:
- A biological father’s parents, even if the father has not legitimated the child.
- The parent of a deceased parent or the parent whose parental rights have been terminated.
This definition ensures that grandparents have the ability to seek visitation or custody in certain circumstances, even if the biological parent is not involved in the child’s life.
How Can Grandparents Win a Visitation Case?
Under Georgia law, grandparents can petition for visitation rights if they can prove certain criteria. To win a visitation case, grandparents must show that:
The child’s health or welfare would be harmed if they were not allowed to visit the grandparents. This harm can be established if:
The child has lived with the grandparent for more than six months.
The grandparent has provided significant financial support for the child’s basic needs for at least one year.
The child and grandparent have maintained a regular and frequent visitation schedule.
Visitation is in the child’s best interests, which is the court’s ultimate consideration. Courts may also grant visitation if denying access to the grandparents would cause the child emotional harm or distress.
Contact Our Alpharetta Family Law Attorneys for Grandparents’ Rights
Grandparents seeking visitation or custody rights face a unique and often complex legal process. Whether you are seeking to maintain a relationship with your grandchildren or are concerned about their well-being, Hastings Shadmehry is here to help. Our skilled Alpharetta family law attorneys have years of experience representing grandparents and other family members in legal matters involving visitation and custody rights.
Contact us today at 770-641-8200 or email us to schedule a consultation. Let us help you protect your rights and the best interests of your grandchildren.
Grandparents' Rights FAQ
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Will Grandparents’ Visitation Be Restricted in Any Way?
Once granted, grandparents’ visitation is usually limited to ensure it does not interfere with the child’s education or extracurricular activities. However, visitation typically includes a minimum of 24 hours per month.
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Can Grandparents Attend Important Events in a Child's Life?
Even if visitation rights are not granted, the court can still order that grandparents be notified of significant events such as graduations, sporting events, or other public performances.
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Can a Parent Block a Grandparent’s Visitation?
After visitation has been granted, a parent cannot block a grandparent’s access. However, they may petition the court every two years to amend or revoke visitation rights if they believe circumstances have changed.
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Can a Grandparent Be Involved in an Adoption?
Yes, grandparents can be involved in an adoption proceeding, but this typically occurs only if no legal parents are alive at the time of the adoption. If there are living parents, their consent would generally be required.
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Can a Grandparent Be Granted Custody of a Child Against the Parents’ Will?
While rare, grandparents can be granted custody of a child if the parents are unfit, particularly in cases involving abuse, neglect, or substance abuse. Georgia law allows for intervention by grandparents or other relatives when the child’s safety and well-being are at risk. The court’s primary consideration is the best interests of the child. While the presumption is that children should be raised by their parents, the court may consider custody by a grandparent if it is in the child’s best interests.
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Do I Need to Hire an Attorney?
If you are a grandparent seeking visitation or custody of your grandchildren, especially if you are facing opposition from the parents, it is crucial to consult with an experienced family law attorney. An attorney will help you navigate the legal process, ensure your rights are protected, and present a compelling case to the court. The attorneys at Hastings Shadmehry have assisted many grandparents and relatives in bringing actions in Juvenile, Probate, or Superior Court.
