While many do not realize it, GA law does recognize the rights of grandparents, and grandparents do have the right to seek custody or visitation with their grandchildren. Of course, decisions are made on a case by case basis, and the standard is always “the best interests of the child.”
The issue comes up most frequently in the context of a divorce, if a child’s parent is deceased, or if the child has been living with the grandparents and the parents decide they want the child back. A family law attorney will be able advise you on your specific situation.
While Georgia custody law generally favors the natural parents to have custody of a child, there are situations when courts will find that it is in the best interest of the child for a grandparent or other relative to have custody. To convince a court that a grandparent should have custody, the grandparent must show that (1) granting custody to the natural parents would harm the child and (2) granting custody to the grandparent would promote the health, welfare and happiness of the child. This standard is generally met in cases where there is abuse, drug or alcohol addiction, or neglect.
If a grandparent petitions the court for visitation rights in Georgia, the court will look at (1) whether the child will be harmed if grandparent visitation rights are not granted and (2) whether visitation with the grandparent is in the best interest of the child. While Georgia family law does recognize the importance of grandparent-grandchild relationships, it is entirely up to the court to decide what is in the best interest of the child.
Getting Started
The above information is meant as a brief summary of certain aspects of Georgia family law. If you have an issue regarding grandparents rights in Georgia, we recommend that you speak with one of our Atlanta family law attorneys sooner rather than later. We are proud to say that our lawyers are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Child Custody Homepage to fill out our contact information form. Thank you and we look forward to working with you.
Are grandparents not considered as immediate family? If the answer to that is yes, that’s probably why visitation rights are not given to them.
Nevertheless, it should be put in mind that grandparents play a role in the upbringing of children too. Although most likely, indirectly.
A friend of mine has a problem regarding with her friend also that she want to go to her grandparents place but her stepmother wont allow her. Can my friend’s friend can do legal action about her step mother?
What about aunts and uncles? Do they have rights too? Does those rights supersede those of grandparents? My brother died in a car wreck with our parents years ago, and my sister-in-law has been less than caring for my niece. I want to take care of her, but it appears I’ll have to fight my sister-in-law’s parents to do so.
to taken to the cleaners: aunts and uncles have rights too BUT it is only secondary to that of the parent, your sister-in-law. And since the child still have grandparents, the latter have more rights over the child more than the aunts and uncles i guess.
if, however, the mother is negligent, you might have a case. for more particulars, it would really be best to consult a lawyer to know if you have legal standing to file the case.
Our only child has 2 children who is now 18 and 12 years of age. He and the mother have never married but have an on/off relationship for about 20 years. She does not allow us to see the children because she is married to someone else and does not want his family or her father to know about our son. Her mom is aware of the situation. Our son pays for their private schools and many other perks. The children think all of this comes from their mom, maternal grandparents, etc. Her husband’s family is very well off and politically connected so the mom does not want to give up her status. Our son is not allowed a relationship with them also. My husband is very sick and we desperately want to see these children and let them know we exist. Our son says this will put “too much stress” on the mother because her situation is unstable at best. She and her husband are married in name only and she sees our son freely but not us. Do we have any rights>
My husband and I have had our grandson in our home since birth. We have financially and physically supported my son & his wife for 4-5 years. My grandson is 3, my son & his wife moved out one year ago they live 3 doors up. We have had our grandson spend the night every weekend since they moved and we love him. Suddenly about two months ago they quit letting him come over and they don’t let him spend the night. My daughter n law is a very vengeful person, if she gets mad at me because I won’t give them money or support she uses my grandson as a pawn. What can I do to get visitation with my grandson? On the few times I have seen him passing he cries for me and he does not understand why he can’t come to my house, it breaks my heart and I am very worried about his psychological well being.
To Elaine and Robin, those are some very fact specific questions and some very personal details. I’m not a lawyer, but I got a gut feeling you’d be best to consult one in private, who could give you some really good advice about what to do.
[...] » Grandparents Rights in Georgia Georgia Divorce and Family Law If you have an issue regarding grandparents rights in Georgia, we recommend that you speak with one of our Atlanta Family law attorneys sooner rather than later. We are proud to say that our Lawyers are among the most knowledgeable and … [...]
Hope this is going to the correct place.\
My son who is 18 and his girlfriend, who is also 18 had a baby, at that
time they were both 17. They broke up
during mid pregnancy. My son was working part time, still in high school 6 hours a day. Send biweekly
money orders to the mom for the baby.
Not court ordered. Well mom and her mom refused to allow any of us to see
the baby or have contact with him. He is now 5months old. Their reason was one because we have dogs,as they do,’
and 2 because we smoke.as they do. Long story short, my son * girlfriend
recently got back together. she is now living here with us. Her mom told her if she were to move out she would not see her son at all. My husband and I have never done anything to this woman.Well the girlfriend has tried all she can to get the baby from her mom. No luck. The police in this county just suck.
My question is…. since the baby was born out of wedlock, do we still have
grandparents rights? Our problem is this county offers no free legal aide
and we certainly cannot afford a lawyer. The grandmother has called us really horrible names, refers to us as THOSE PEOPLE, like she is better then us because they have money.My husband and i would love to see our grandson and spend time with him.Any ideas or advice please?
Thank you
I’m glad grandparents have rights to see their grandkids. It takes a village….