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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.

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The contents of these blog postings are provided solely as a general discussion of varied legal topics. It should not be assumed that any statement(s) contained herein apply to your particular circumstances. Nothing contained herein shall cause the creation of an attorney-client relationship. You should not rely upon anything stated herein in assessing your own particular circumstances, since every case is different. You should always speak to an attorney about your case prior to taking any action which could have legal consequences in your particular case. You acknowledge that any reliance on the material contained herein shall be at your own risk.
 
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The Law Firm of Pugh, Barrett, Canale & Leslie LLC is located in Marietta, Georgia, and our attorneys service the Marietta-Atlanta area, including the cities of Marietta, Atlanta, Smyrna, Roswell, Kennesaw, Powder Springs, Austell, College Park, Acworth, Woodstock, Alpharetta, Norcross, Hiram, Canton, Holly Springs, Cumming, Cartersville, Dallas, and Mableton. Our lawyers also represent clients throughout the communities in and around Cobb County, Paulding County, Douglas County, Cherokee County, Bartow County, Forsyth County, Fulton County, De Kalb County, Gwinnett County, and Pickens County.

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