Can a Parent Deny a Grandparent Visitation in Georgia?

As a family law lawyer, I’m often asked, “Can a parent deny a grandparent visitation in Georgia?”

The short answer is: yes – unless there is a court order that gives the grandparent legal visitation rights with the child.

In Georgia, the rights of parents usually come first.

This means that, as a general rule, parents are allowed to make decisions about who spends time with their children.

However, grandparents can sometimes seek court-ordered visitation if certain conditions are met.

So, how do you get this court order?

Let’s look at the process and what grandparents can and can’t do in Georgia when it comes to visitation with their grandchildren.

Grandparents’ Rights in Georgia

In Georgia, grandparents do have specific rights to visit their grandchildren – but only when certain conditions are met.

For example, grandparents may have visitation rights if the parents are separated, divorced, or there is a court case regarding child custody.

These rights are not automatic.

Grandparents can only seek visitation under specific circumstances, and the process is more complicated than simply asking for time with the child.

In most cases, grandparents need to show that they have a significant relationship with the child and that visiting with them is in the child’s best interest.

This means that grandparents must prove that their relationship with the child is meaningful and important to the child’s emotional well-being.

Simply being a grandparent is not enough.

There must be evidence that the child would be harmed emotionally or otherwise by the lack of visits.

Georgia Code 19-7-3

Georgia Code 19-7-3 is the law that discusses grandparent visitation rights.

Under this law, grandparents can ask the court for visitation rights if they can show clear and convincing evidence that the child’s health or welfare would be harmed without the visits, and that it’s in the best interest of the child to have regular contact with the grandparent.

However, this can only happen if the child’s parents are separated (meaning the child does not live with both parents) or if there is an open court case concerning the custody of the child.

In these situations, the court may step in to make a decision about visitation, but only after considering the child’s best interest.

Grandparents need to understand that getting these visitation rights is not guaranteed.

The court will assess the evidence, including the relationship between the grandparent and the child, the parents’ position on visitation, and any other relevant factors.

If you are considering asking for these rights, it’s best to reach out to a local lawyer who specializes in grandparent visitation.

A lawyer can help you understand the best course of action and whether you have a strong case.

Grandparents’ Visitation Rights in Georgia

Even though grandparents can try to get legal visitation rights in Georgia, it’s important to remember that these rights are secondary to the rights of the parents.

The courts usually respect the decisions made by parents if the parents are seen as capable and fit to make those decisions.

If the parents have a good relationship with the child and are seen as competent, the court is likely to follow their wishes regarding visitation.

It is only when a grandparent can show that blocking the visits would harm the child, and that it’s in the child’s best interest to see their grandparent, that the court will typically grant visitation rights.

It’s important to understand that the court’s primary focus is the best interest of the child, and the parents’ rights will be respected as long as they are acting in the child’s best interest.

How Much Visitation Can Grandparents Get in Georgia?

The amount of visitation a grandparent can get in Georgia can vary from case to case.

Many factors are considered, such as the child’s age, the nature of the relationship between the grandparent and the child, and how much visitation would affect the child’s routine and life.

Georgia Code 19-7-3 sets a minimum standard: if the court grants visitation, it must be at least 24 hours per month.

This provides a base amount of visitation that grandparents can expect if they are granted visitation rights.

However, the court may allow for more time depending on the circumstances.

The amount of visitation is ultimately decided by the court after reviewing the details of each case.

Can Grandparents Sue for Visitation Rights in Georgia?

Yes, grandparents can sue for visitation rights in Georgia.

If a grandparent believes that it’s in the child’s best interest to have a relationship with them, they can file a petition with the court.

However, it’s important to remember that grandparents must provide strong evidence to back up their case.

They need to show that denying visitation would harm the child emotionally or otherwise and that regular contact with the grandparent is in the child’s best interest.

Grandparents should also be prepared for the possibility that the parents will disagree with the request.

The court will consider both sides of the argument before making a final decision.

How Do I File for Grandparents’ Rights in Georgia?

To file for grandparents’ rights in Georgia, you must first file a petition in the Superior Court of the county where the child lives.

This process can be tricky, as it involves many legal procedures.

It’s highly recommended that grandparents seek the help of an experienced family law lawyer who can guide them through the legal steps.

An attorney can help ensure that the petition is filed correctly and that all necessary evidence is provided.

Difference Between Grandparent Visitation and Grandparent Custody

It’s important to understand the difference between grandparent visitation and grandparent custody.

Visitation rights allow grandparents to spend time with their grandchildren, but these rights do not give them the authority to make decisions about the child’s health, education, or well-being.

Grandparent custody, on the other hand, involves taking over the parental role and making decisions about the child’s life.

This is a much more complicated process and requires proving that the parents are unfit or that there is another serious issue.

Grandparent custody is much harder to obtain and is usually only granted in extreme cases, such as when both parents are unfit to care for the child.

Final Thoughts

Although a parent can deny a grandparent visitation in Georgia, the court may step in if it’s in the best interest of the child.

If you are a grandparent seeking visitation rights, it’s important to work with an attorney who can guide you through the process and help you understand your legal options.

Every case is unique, and having expert legal advice can make a significant difference in the outcome.

We always suggest you speak to a local family law lawyer to get advice in these matters to make sure the rights and interests of everyone involved are protected.