Grandparent’s Rights in Georgia

Grandparent and Family Member Visitation

There are many times when grandparents (or other family members) are being kept out of a child’s life by the child’s parents. Sometimes a grandparent will raise a child while a parent is incarcerated, under the spell of alcohol or drug addiction or keeping a grandchild while the parents are having housing issues. Often the grandparents and parents will disagree on something and the parents will remove the children from the grandparent’s lives in retribution.  Another common scenario is when a parent dies and the remaining parent is not letting the parents of the deceased parent see the children.  Dan Palumbo can help in situations like these, or in any instance when a grandparent is being denied a relationship with grandchildren.

In Georgia, O.C.G.A §19-7-3 is the primary Statute that deals with grandparent visitation. The Statute covers grandparents or other family members for visitation rights or to intervene in certain cases. The Statute also addresses revocation or amendment of visitation rights. It provides a mechanism for “Family members” to have visitation with minor children. A Family member is a grandparent, great-grandparent, or sibling.

“Grandparent” means the parent of a parent of a minor child, the parent of a minor child’s parent who has died, and the parent of a minor child’s parent whose parental rights have been terminated. “Great-grandparent” means the parent of the parent of a parent of a minor child, the parent of the parent of a minor child’s parent who has died, and the parent of the parent of a minor child’s parent whose parental rights have been terminated.

“Sibling” means the brother or sister of a parent of a minor child, the brother or sister of a minor child’s parent who has died, and the brother or sister of a minor child’s parent whose parental rights have been terminated.

Any of the above-mentioned family members are able to initiate an action or intervene in an existing case regarding visitation,

• custody of the minor child
• a divorce of the parents or a parent of the minor child
• a termination of the parental rights of either parent to the minor child
• visitation rights to the minor child when there has been an adoption by the child’s blood relative or by a stepparent

A grandparent cannot initiate an original action when the parents of the minor child are not separated and the child is living with both parents.

While an adoption by persons not related to a child may terminate visitation rights to family members are not affected when it is a step-parent who adopts the child. While O.C.G.A. § 19-8-19 provides for the termination of all legal relationships between an adopted child and his or her relatives; O.C.G.A. § 19-7-3(b) states that grandparents’ rights are not affected by an adoption by a stepparent. Lightfoot v. Hollins, 308 Ga. App. 538, 707 S.E.2d 491 (2011), Kunz v. Bailey, 290 Ga. 361, 720 S.E.2d 634 (2012).

Let Dan Palumbo show the court, by clear and convincing evidence, that the health or welfare of the child would be harmed unless visitation is granted and how the best interests of the child would be served by such visitation. Let Dan Palumbo argue how the welfare of the child would be harmed unless visitation is granted and how the best interests of the child would be served by such visitation. Some of the factors to be considered by the Court include:

1. The minor child resided with the family member for six months or more;
2. The family member provided financial support for the basic needs of the child for at least one year;
3. There was an established pattern of regular visitation or child care by the family member with the child; or
4. Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted.

Let Dan Palumbo help you see your grandchild.