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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
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Experience:  associate attorney
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I have 2 grandchildren living with their mother, my daughter

Customer Question

Hi, My name is***** have 2 grandchildren living with their mother, my daughter in Norcross, Ga. The parents are divorced. In 2012 I filed for grandparent visitation rights and found it too difficult and eventually redrew my case. My daughter refuses to communicate with me and therefore I have not seen my grandchildren in 4 years. They are ages 9 and 7. I might add that she has a drinking problem. Back in 2012 I visited a few times and saw a deep need for the children to have someone stable in their live. I'm wondering if the Georgia laws have changed making it easier to get visitation rights?
Thank you.
Submitted: 3 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 3 months ago.

My name is ***** ***** I will be helping you question tonight. Thank you for your question and for using justanswer.com. Give me a but and I will draft you an answer.

Expert:  Christopher B, Esq. replied 3 months ago.

Yes, in 2012, Georgia passed a new law making it easier for grandparents to gain visitation. See link for article: http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Georgia.htm

HB1198 was the new law. "Grandparents may sue for visitation either in an original action or as part of a custody suit. As for the finding of harm, the court is directed that it is "reasonably likely" that harm would occur to children deprived of contact with grandparents in the following situations:

(1) The child resided with the grandparent for six months or longer.

(2) The grandparent "provided financial support" for the child's basic needs for at least one year.

(3) The grandparent had established a pattern of visiting the child or providing child care.

(4) Other circumstances indicate that "emotional or physical harm" would result from a lack of contact."

Now, the court is directed to presume that a child deprived of contact with a grandparent "may suffer emotional injury that is harmful to such child's health." This is a rebutable presumption but it basically means that it is assumed that the child is harmed when not allowed to see their grandparents making it easier to gain some sort of court ordered visitation. So to answer yoru question, yes it is easier since 2012.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

Expert:  Christopher B, Esq. replied 3 months ago.

Just checking back in, do you have any further questions?

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