Grandparent Visitation and Custody in Georgia
In Georgia, a grandparent can ask the court for visitation with a grandchild and, in some cases, for custody. An Athens grandparent rights lawyer can help you understand which path fits your family. These cases are often emotional, and the legal standards are demanding, so preparation matters.
Visitation. Under O.C.G.A. § 19-7-3, grandparents can file for visitation or join an existing divorce or custody case. However, a grandparent cannot file a new visitation case while the parents live together with the child. To win, the grandparent must show by clear and convincing evidence that the child’s health or welfare would be harmed without visitation, and that visitation is in the child’s best interests.
The law points to situations where harm is likely. For example, the child may have lived with the grandparent for six months or more, or the grandparent may have supported the child for at least a year. A pattern of regular visits or child care also counts. In addition, special rules apply when a parent has died, is incapacitated, or is incarcerated.
Custody. Georgia presumes that a child belongs with a parent. To gain custody, a grandparent generally must show by clear and convincing evidence that the child would suffer physical harm or significant, long-term emotional harm if the parent had custody. The court then decides what serves the child’s best interests.
Attorney Samuel E. Thomas represents grandparents seeking visitation or custody in Athens and across Northeast Georgia.