In recent years the issue of a grandparent’s right to seek visitation has been a controversial and propagating phenomenon. Prior to former president Clinton’s signature of the Visitation Rights Enforcement Act in 1998, grandparents were awarded visitation rights only within the state they resided. If the custodial parent were to move to another state the grandparent would be faced with additional litigation to exercise their rights of visitation in the child’s new state of residency. The passing of the Visitation Rights Enforcement Act enabled grandparents the right of visitation without regard to which state the child resided.
Although the act grants visitation rights to third parties no matter the child’s location within the United States, states interpret the act differently leaving grandparents without guarantee of their ongoing access to a grandchild. To seek child custody or visitation rights in Georgia, grandparents can file an Original Action for Visitation or become involved in an existing case for custody, divorce, adoption, or termination of parental rights.
However, it is important to note that in the landmark U.S. Supreme Court case of Troxel v. Granville in 2000 the court ruled that a fit parent will be awarded the exclusive legal right to determine who visits their children. In Georgia, the Supreme Courts have ruled that requiring grandparent visitation may violate a parents’ right to raise a family without interference.
The visitations right of grandparents and third parties remains hotly debated and presents difficult and complex legalities. We advise speaking with one of our Atlanta family law attorneys if you are experiencing a visitation or custody issue. Our attorneys can advise you of your rights and responsibilities, and help you determine the best course of action for you and your family. We look forward to working with you.
Tags: GA Child Custody, georgia child, Georgia Child Custody, Georgia grandparents rights, grandparents rights visitation Georgia, Visitation Rights Enforcement Act
It is not easy on grandparents when they have to get legal rights just to visit their grandchild especially the very old ones .It can be pretty complicated and tiring for them.Most times legal right is given despite the state of residency,as far as you abide by the rules.I really think the secret to it all is a good lawyer.
Yes all this is very true and the circumstances under which grandparents could seek grand parenting time, and the nature and amount of time which could be made available, varied from state to state.
Problems usually occur when there has been a nasty divorce and your child’s ex-spouse has custody of the children. For whatever reason, he or she decides to deny you access to your grandchildren. Fortunately, many state laws now provide reasonable visitation rights for maternal and paternal grandparents. However, since legislation varies widely from state to state, even if you win your case in one state, you will have to start all over again if your grandchildren move to another state.Very heart breaking.
It is a terrible example for children when parents do not let them see their grandparents. Indeed, it hurts the parent-child relationship too. Children become insecure and afraid of their parents. Many wonder if their own parents will get rid of them too if they are not “good.” Additionally, children have to lead a double life when they love their grandparents. They are afraid to tell their own parents they love and miss their grandparents for fear their parents will be angry with them.But many children reconcile with their grandparents as soon as they come of age.
In Georgia, the law does recognize certain grandparents’ rights, which comes up in a number of different ways. Often, it is in the context of a divorce, or in the even of the death of a parent. The rights of grandparents in Georgia also come up when a child has been living with their grandparents.
If you are the grandparent petitioning for visitation, be prepared to testify about your relationship with your grandchildren, your relationship with the parents, any custody or visitation arrangements you had before the court action, and the last time you saw your grandchildren. Also, be prepared to discuss your personal history, including any medical troubles or problems with the law. Remember that the court is scrutinizing you to decide whether you should spend time with a child — and the judge won’t hesitate to pry into personal matters.
Sometimes I wonder why grandparents have to seek rights too, since they were not really involved in some issues. I guess rules are rules. But why do they have to seek visitation rights to every state a child lives. So not good.