Often times, children rely heavily upon their grandparents to ensure that they are safe, secure and well-provided for. Unfortunately, courts do not recognize grandparent visitation rights unless they are established in a court of law.
Grandparents’ rights in custody matters have become increasingly important in recent years as more and more grandparents are stepping in to care for their grandchildren. This can be due to a variety of reasons. Many times, parents are unable to care for their children for a variety of issues. In these situations, grandparents may seek legal custody or visitation rights to ensure that they can continue to care for and be a part of their grandchildren’s lives.
When it comes to grandparents’ rights in custody matters, there are some general principles that apply. Grandparents seeking custody (or even visitation) must be able to demonstrate that they have a significant relationship with their grandchildren and that they are able to provide a safe and stable environment for the children. To prove that grandparents should have visitation rights some similar principles apply.
These rights are established either by initiating an original action or by joining an existing action, such as divorce or motion for modification of custody. Contact the attorneys at The Edwards Law Group, we will fight hard to make sure your children and grandchildren are protected.
GEORGIA CODE (O.C.G.A. 19-7-3) AND GRANDPARENTS’ RIGHTS FOR THEIR GRANDCHILDREN
Georgia Code (O.C.G.A. 19-7-3) pertains to the rights of grandparents in custody matters. It provides that grandparents have the right to petition for visitation rights with their grandchildren if certain conditions are met.
The code states that a grandparent may petition the court for visitation rights if they can demonstrate that they have a significant and substantial relationship with their grandchild AND that the denial of visitation would cause harm to the child’s emotional well-being. THe “and” is very important as the two conditions MUST be met for the Court to consider visitation or custody. Additionally, the code also states that a grandparent may petition for visitation rights if the child’s parents are divorced or if one parent is deceased.
The code provides that the court must consider the child’s best interests when deciding whether to grant grandparents visitation rights. The court must take into account factors such as the child’s relationship with their grandparents, the child’s safety and well-being, and any other relevant information.
It’s important to note that under O.C.G.A. 19-7-3, grandparents do not have an automatic right to visitation. They must go through the legal process and prove their case to the court. The court may also order supervised visitation, which could mean that the grandparents must have a third party present during the visits.
In addition, the law provides that if a grandparent is granted visitation rights, they may also be ordered to pay a portion of the child’s expenses. This includes expenses such as transportation, food, clothing, and other necessities.
Overall, Georgia Code (O.C.G.A. 19-7-3) serves as a legal mechanism for grandparents to petition for visitation rights if they can demonstrate that the denial of visitation would cause harm to the child’s emotional well-being. The court must balance the best interests of the child and the grandparents’ rights to ensure the child’s well-being.
Grandparents seeking legal representation should consider reaching out to a family law attorney with a history of experience dealing with custody and visitation rights. Our Atlanta attorneys have a stellar reputation providing top-notch legal counsel to folks throughout Georgia, including grandparents seeking visitation and custody of their grandchildren.
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