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Grandparents Rights FAQ
Do grandparents have any rights of custody
or visitation with their grandchildren in Georgia?
Yes, grandparents and third parties (aunts, uncles, other relatives
and sometimes even non-relatives) do have rights in Georgia to seek
custody or visitation with their grand children (or with the children
of others for a "third party"), but there is a very strong
preference for natural parents to have custody of their own children.
My grandson has lived with me for the
past three years. His parents (my son and his wife) have had little
or no contact with him during that time, but now, they want my grandson
to live with them. Is there anything that I can do to ensure that my
grandson will continue to live with me?
In a custody proceeding between the parents and a grandparent, the court
will determine custody based on the best interest of the child standard.
This standard requires the grandparent to show that (1) parental custody
would harm the child; and (2) granting custody to the grandparent will
promote the child's health, welfare and happiness. A grandparent has
a more difficult legal standard to meet than does a parent when seeking
custody of a child.
My grandchildren have lived with me for
the past three years. Their parents (my son and his wife) have had little
or no contact with the children during that time, and now, they want
the children to live with them. What can I do to ensure that I will
be able to spend time with my grandchildren once they are living with
their parents?
Georgia law allows grandparents to seek visitation rights with their
grandchildren in any case involving custody of the grandchildren, including
a divorce between a child's parents. In such cases, the court may grant
visitation rights to the grandparent if the court finds by clear and
convincing evidence that (1) the health and/or welfare of the children
would be harmed unless the visitation was granted and (2) granting the
visitation would be in the best interest of the children.
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