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Normal grandparent rights in georgia divorce

Answers to common child custody questions.

This right, the Court noted, is deeply embedded in our legal history. As the Court stated, in order to supersede this right of an otherwise fit parent, grandparents have a much higher burden than was permitted under O. Thus, as of now and going forward, even in cases where a parent has died, been incarcerated, or otherwise incapacitated a grandparent seeking visitation with their grandchild has the burden to show that a denial of such visitation would cause harm to the child in question, not simply that such visitation would be desirable or good for the child.

Only time will tell how the Georgia Legislature will respond to this ruling.

Child Visitation

For more information about the rights of grandparents in Georgia, visit our Grandparents Visitation Page. Savannah Office 24 W. Contact us today to schedule a consultation with our attorneys.

We represent clients throughout the state of Georgia with offices in Savannah and northeast Georgia. Home current About Contact. Can grandparents be awarded custody or visitation rights? Employment Law source grandparents visitation rights custody parent child visitation hard time employment law best interests court Related questions: Are Grandparents Granted Custody and Visitation Rights? In some circumstances, yes. Under normal circumstances, no. Grandparents must provide proof that visitation is in the best interest of the child.

Grandparents will have to prove this in court, the court will have a say in the matter.


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Custody may be granted in the event that the child is in harm in the custody of his or her parents. Can grandparents be granted visitation rights?

Examples of Visitation Schedules

Child support Do grandparents have custody and visitation rights? Grandparents seeking custody from a natural parent raises issues of constitutional rights, specifically the right to privacy. If grandparents and natural parents become involved in a custody dispute, the parent will not lose custody without a showing of parental unfitness or a showing of substantial harm to the child. Can grandparents or siblings be granted visitation rights? Grandparent visitation or visitation by brothers or sisters may be granted if it is within the best interest of the child.

Absent death, mental incapacity of both parents, or other special circumstances the grandparents will not be awarded custody and have no visitation rights in Georgia. Can grandparents obtain visitation rights? Y: Grandparents can obtain visitation rights if it is in the best interest of the child. Can grandparents or siblings get visitation rights?

In short, yes, however it does depend on the circumstances. When do grandparents or other relatives have custody or visitation rights? Generally, the natural parents will have a presumptive right to custody.

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Getting custody back from grandparents

Only in cases where the parents are found to be unfit will third parties be granted custody. In a divorce case, or at any time after a divorce, grandparents may petition the court for visitation rights. Are grandparents automatically granted visitation rights? Presently, courts issue visitation rights only to non-custodial parents, not to grandparents. Usually the only cases where grandparents are officially awarded visitation by judges involve the Visitation Rights Enforcement Act of This law states that grandparents who are granted visitation in one state are legally entitled to visitation in all states.


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For example, if a grandmother is awarded visitation in Illinois but her grandchild relocates to California, the grandmother is protected under the act and can visit her grandchild in California. Can relatives get visitation rights?

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Unlike parents, grandparents do not have a legal right to visitation. But under certain circumstances, a grandparent, great-grandparent, or sibling who has been denied reasonable visitation may file a request with the court asking for a visitation order. They can make such a request if: the child's parents are not currently living together on a permanent or an indefinite basis, or one of the parents is deceased or has been missing for more than three months.

The court will issue a visitation order if it determines that visitation is in the best interests of the child.