Grandparent Visitation Rights
Wednesday, 25 January 2012 20:32 Written by David Canale
A common question to family law attorneys is what are the rights of grandparents under Georgia law to petition a court to visit with their grandchildren. These scenarios often arise when the parents of the children are either unmarried or the divorce, and the custodial parent restricts contact between the children and the grandparents. Georgia law offers several remedies to grandparents in these situations.
O.C.G.A. § 19-7-3(b) allows any grandparent to file an original action for visitation rights to minor child or to intervene in and seek visitation rights in any pending action with the custody of the child is at issue. The latter applies to divorce cases, custody modifications, and termination of parental rights actions. It also applies to adoptions where the adopted child has been adopted by a blood relative or by a stepparent. The grandparent must show by clear and convincing evidence that the health or welfare of the child will be harmed unless such visitation is granted and that the best interest of the child would be served by such visitation.
Grandparent visitation rights cases are complicated and certainly require the assistance of an experienced family law attorney. Our firm has experience in these cases and can provide you the assistance and expertise needed to obtain a favorable outcome. Please call our office for assistance.