Grandparent Visitation Rights In Georgia
The relationship between a grandparent and grandchild is often an important part of a child's life. There are certain situations, like a contentious divorce for example, that stand in the way of a grandparent's opportunity to spend time with their grandchild. In many circumstances, Georgia grandparents have the right to petition the court to grant them visitation rights.
If you are a grandparent who seeks visitation rights, contact the family law attorneys at Vayman & Teitelbaum for experienced legal representation. Our highly skilled child custody lawyers are dedicated to standing up for your rights to ensure you get the visitation you deserve.
Atlanta Grandparent Visitation Lawyer
Georgia law provides grandparents with the legal right to file an action pursuing visitation rights. This action can be one initiated by the grandparents where there is no other related matter before the court (called an original action). The only exception to this rule is if the grandchild is living with both parents and the parents are not separated. An "original" action for visitation by a grandparent cannot be filed more than one time during a two (2) year period and it cannot be filed during any year in which another custody action has been filed.
Alpharetta Grandparent Visitation Attorney
Alternatively, grandparents can join in and become a part of an existing action (called intervening) such as:
- A custody action;
- A divorce action;
- An action terminating the parental rights of either parent; or
- Adoption by the grandchild's blood relative or stepparent.
When grandparents "intervene" in a legal action, a Georgia court can grant the grandparent reasonable visitation rights if the court finds that: (1) the health and/or welfare of the child would be harmed unless such visitation is granted and (2) it would serve the best interest of the child. If the child is in the temporary custody of someone other than the parent, the grandparent needs to show the court only that the requested visitation would be in the best interest of the child.
There are other circumstances where a grandparent may desire to adopt or become the guardian of the grandchild. This generally occurs in the following circumstances:
- Death of a parent.
- Child abuse or neglect.
- Parental drug or substance abuse.
- Child abandonment.
- Incarceration of a parent.
- Mental health problems of a parent.
- Extreme poverty.
- Teen pregnancy.
- The grandchild has been living with the grandparents.
Our skilled grandparents' rights lawyers work to achieve visitation rights for grandparents. We also work with grandparents if they want to adopt their grandchild. If you are seeking representation relative to visitation or custody of your grandchildren, it is important that you retain an experienced family law attorney in order to navigate the complex arena of grandparents' rights. The attorneys at Vayman & Teitelbaum, P.C. in Alpharetta are the answer to your grandparents' rights needs.