While grandparents’ rights cases may not be as common as those involving parents, they are no less significant. At MIJS, we regularly handle cases where grandparents seek visitation—and in more challenging circumstances, custody—of their beloved grandchildren. You may not even realize that Georgia law provides specific rights to grandparents in these situations.

The bond between grandparents and their grandchildren is irreplaceable. It can have a profound impact on a child’s development. Sadly, maintaining this relationship can become difficult in custody disputes or other family challenges. That’s where we come in.

At MIJS, we know the heartbreak of being separated from a grandchild. Since our inception, we have been committed to supporting families and preserving these vital connections. Our team combines 40 years of family law expertise with a compassionate approach, offering creative strategies to ensure you remain an integral part of your grandchild’s life.

We are deeply invested in helping grandparents like you defend your rights under Georgia law, always with an eye on what is best for the child.

Grandparents’ Rights to Custody

Grandparents rights in Georgia to custody are more or less same as a non-blood relative. While visitation rights are limited, grandparents may also pursue custody under specific circumstances. For custody to be granted to grandparents, the court must determine that:

• The parents are unfit due to abuse, neglect, substance abuse, or other issues.
• The child’s safety, stability, or emotional health is at significant risk if left with their parents.

The court must conclude that awarding custody to the grandparents would be in the child’s best interests. Grandparents seeking custody should prepare to provide evidence of the child’s current living conditions and the stability and support they can offer as custodians is better than the current.

Do Grandparents Have Visitation Rights in the State of Georgia?

Yes, grandparents rights in the state of Georgia include submitting a petition to the court for visitation rights under specific conditions. However, these rights are not automatic and are generally secondary to the rights of the parents. Courts consider petitions for visitation based on what is in the best interests of the child. Under grandparents law (O.C.G.A. § 19-7-3) in Georgia:

A grandparent may seek visitation rights if:

• Parents are divorced, legally separated, or deceased.
• A parent has been deemed unfit.
• The child is born out of wedlock, and the parent through whom the grandparent claims the relationship has died.
• Minor grandchild has stayed with grandparent for 6 months or more.
• Grandparent has provided financial assistance for over an year
• The child’s welfare may be harmed without the grandparent’s involvement.

The court evaluates whether the grandparent’s visitation would:

• Serve the child’s emotional and physical well-being.
• Avoid undue interference with the parent-child relationship.

In Georgia, there is a presumption that fit parents act in their child’s best interests. Therefore, grandparents must present compelling evidence that the absence of their relationship with the child would likely result in harm.

How Much Visitation Do Grandparents Get?

The amount of visitation grandparents receive depends on several factors, including the child’s best interests, the strength of the existing relationship, the distance between homes, and the court’s determination of what is reasonable and beneficial for the child. Each case is unique, and the court will decide based on the specific circumstances.

If you’re a grandparent seeking visitation rights, wondering what factors could influence the success of your petition?

• Relationship history with your grandchild.
• Your minor grandchild stayed with you for 6 months or more.
• Your grandchild preferences and age.
• Any evidence of emotional or physical harm to your grandchild.
• Your recent nature of contact.
• Your stability, health, and lifestyle, as well as those of the parents.
• Any history of abuse or neglect on your part as the grandparent.

How Do I File For Grandparents Rights in Georgia?

To seek grandparents’ rights in Georgia, you may contact us to file a petition in the county where the child resides. The process typically includes:

• Submitting the petition: Clearly state the reasons for seeking visitation or custody and provide supporting evidence.
  
• Attending a court hearing: Both sides present their cases while the court evaluates the evidence in line with Georgia law.
  
• Receiving the court’s decision: The judge will rule based on the child’s best interests, the parents’ fitness, and the significance of the grandparent-grandchild relationship.

Can parents take back custody after it’s granted to grandparents?

Yes, while parents can petition the court to regain custody after it has been granted to grandparents, it is a challenging process. Parents must provide strong evidence of significant changes in their circumstances and prove they are now fit to provide a stable, nurturing environment for the child. The court will carefully evaluate the child’s best interests before making any changes.

Before handing over custody to grandparents or anyone else, it’s essential for parents to understand the long-term legal and emotional implications. Regaining custody later can be an uphill battle, so consulting with an experienced family law attorney beforehand is critical.

At MIJS Law Firm, we can help you navigate these complexities and make informed decisions to protect your rights and your child’s future.

Advocates for Georgia Grandparents’ Rights at MIJS

At MIJS, we believe every grandparent deserves a voice in their grandchild’s life. Your story matters. Let us help you write the next chapter with confidence, care, and the legal expertise to protect your family’s future.