Family Law Questions? Ask a Family Lawyer Online.
Disclaimer Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. By reading further, you understand and agree to all that is written above. _____________________________________ Answer: Unfortunately, grandparents' visitation rights were drastically limited by the United States Supreme Court in Troxel v. Granville in 2000. Prior to Troxel, some states required that grandparents receive visitation rights if the visitation was in the best interests of the child. However, Troxel held that such statutes were unconstitutional as they unduly interfered with a parent's right to make decisions about the child's upbringing.However, courts may occasionally order visitation for grandparents when depriving the child of the grandparents is harmful to the child. Courts will often consider the relationship the grandparents have with the child, the amount of visitation previously, whether or not the parent to whom the grandparents are related by blood is deceased or unavailable to the child. If both parents are living and involved, grandparents visitation rights may often be denied. While courts are given a great deal of discretion in such matters, the legislature has made it clear that it wishes to encourage grandparents' visitation rights."It is the express policy of this state to encourage that a minor child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after such parents have separated or dissolved their marriage."O.C.G.A. § 19-9-3http://law.justia.com/georgia/codes/19/19-9-3.htmlAlso see (regarding grandparents' visitation rights):O.C.G.A. § 19-7-3 http://law.justia.com/georgia/codes/19/19-7-3.html You will want to retain a licensed Georgia attorney for the matter. Establishing grandparents' visitation rights is no simple matter and requires the assistance of a legal professional.If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer. Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated. When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/