Grandparents' Rights

While not as common equally cases involving parental rights, we practise come across quite a few grandparents' rights cases that involve visitation and (less commonly) custody. If you're a grandparent, you lot might wonder when y'all have the correct to claim legal visitation and custody—and y'all might not even know that y'all had these rights.

The relationship that exists between a child and their grandparents is important and should be encouraged. Unfortunately in child custody cases, maintaining regular contact despite differences betwixt the parents can prove challenging. At Stearns-Montgomery & Proctor, our family law attorneys take been representing families in our area since 1988 who struggle with these types of situations. Our team uses creative strategies to ensure you remain a part of your grandchild's life, while defending your rights under Georgia laws.

The Role of Grandparents in Child Custody Matters

During a divorce or other types of family law proceedings, issues pertaining to child custody are among those most hotly contested. While the child's parents tend to be at the forefront in these situations, grandparents may exist all simply forgotten.

Fortunately, the laws in our country support a grandparent's legal right to encounter and spend fourth dimension with their grandchildren. Under the Georgia Code (O.C.G.A. 19-vii-three), grandparents may file a petition seeking visitation in any custody action, including cases involving divorce, termination of parental rights, and adoption.

The same guidelines for determining parenting fourth dimension are used in these proceedings:

  • The age and wellness of the child and grandparents
  • Their locations and the altitude between residences
  • The previous, established relationship between the grandparents and the child
  • The ability of the grandparents to run across the child's physical, emotional, and developmental needs

Grandparent Visitation

Grandparent visitation problems may ascend for a variety of reasons such equally:

  • A parent denying visitation after a grandparent fights with their child
  • A parent denying visitation after returning from a long menstruum of absence during which the grandparents may have taken on roles as guardians or custodians of the child
  • Situations when the parent dies or goes to jail and an in-police denies visitation to grandparents

If you are a grandparent in 1 of these situations, what are your rights?

Grandparents do accept some rights to visitation only recent changes in Georgia law makes receiving legal visitation rights even harder. First, to get visitation rights, your grandchildren'southward parents must accept a "severed relationship" (meaning separated or divorced). You will be unable to go legal visitation rights if the parents are even so married. Second, the court ultimately cares about the "best involvement of the child" and will expect at your situation from your grandchildren's bespeak of view.

You're more likely to get visitation rights if you have a strong bail or connection between you and your grandchildren and if it would exist detrimental or dissentious for the child if they didn't regularly encounter you lot. In rare cases, it may even be harmful to the grandchildren if you don't visit them.

Some examples include:

  • Your grandchildren spent every single summer with yous and now the parent says the child tin't meet you.
  • Yous saw your grandchildren every day and they now show negative responses to your absenteeism (such as bedwetting or problems in schoolhouse).
  • Your grandchildren limited visible signs of beingness upset and need a counselor considering of your absence.

How to Know if Yous Have Grandparent Visitation Rights

Here are some of the visitation questions we'll ask you about:

  • How much contact have you lot had with your grandchildren?
  • How recent was that contact?
  • How old are your grandchildren?
  • What are your grandchildren'southward wishes?
  • What is the nature of your bond, relationship, or contact?
  • Is there any evidence of harm to your grandchildren from lack of contact?

Grandparent Custody

Grandparent custody is the same thing as 3rd-party custody—a common form of custody in which someone other than the biological parents accept custody of the child. Third-party custody usually occurs when the child is clearly in a harmful situation such as living in an environment of abuse or neglect. To obtain custody equally a grandparent, you must show a clear reason such as:

  • The child has an unfit parent who is not caring. "Unfit" must mean major issues such every bit drugs, crime, or neglect.
  • The parent has given up his or her role every bit a parent.
  • A very stiff bond or connection exists between you and the child.
  • The child would be physically, medically, or emotionally harmed if returned to the parent.
  • There is evidence of physical and psychological impairment to the children from the parent.

Later on finding that the child would be harmed if the child was returned to the parents, the Court must determine that it is in the all-time interest of the kid to exist placed in the custody of grandparents.

A Caution to Parents

Parents too need to understand these laws and situations before turning over a child to relatives such as grandparents, even for something like an overseas military assignment. Remember:

  • You may have had children young or gone through a crunch during which you lot gave up your parental authority to a grandparent. If you want your authority back, the legal process may be difficult.
  • Who does the kid experience is a parent? Your children will have a huge say during any legal procedure, particularly if they are older.
  • If you give guardianship or custody to a grandparent, there is a possibility you may not get it back. Be conscientious before agreeing to give guardianship or custody to a grandparent or any other third party.