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Barrister, Attorney
Category: Legal
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Do grandparents have legal rights to visit their grandchil

Resolved Question:

Do grandparents have legal rights to visit their grandchildren?

Submitted: 4 months ago.
Category: Legal
Picture
Expert:  Barrister replied 4 months ago.

Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are the parents married, divorced, or never married?
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Are they still together?
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Have the children lived with you for any extended period of time?
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Thanks
Barrister

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Customer: replied 4 months ago.

Yes the parents have just recently divorced. The mother, our daughter has just married a felon. We do not agree and she is withholding the children. They have lived with us three to four days a week for the last 6 months.

Expert:  Barrister replied 4 months ago.

Ok, I hate to say it, but the GA Supreme Court in 1995 ruled that the GA statute that allowed grandparents to bring an action for visitation was unconstitutional. (Brooks v. Parkerson). The Georgia court ruled that "the 'best interest of the child' standard does not come into play to permit interference with the custody and control of the child, over parental objection, unless and until there is a showing of harm to the child without that interference."
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So at this point, it is an incredibly hard argument to make in GA that "harm" will occur to the child without the grandparent's having visitation rights.
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I am sorry the news wasn't better.
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Thanks.

Barrister

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Positive Feedback: 97.3 %
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Experience: 13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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