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We are grandparents of a child living near Atlanta, we live

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We are grandparents of a child living near Atlanta, we live in New York state, once a year we visit and try to see her but so far have only been able to visit for a couple of hours and then only at a mall or at "Chik-fil-ay, with several of her mothers relatives in attendance. She is now 4 years old and we would like to see her for at least a day without her mother, grandmother and grandfather hovering around. Do we as her grandparents on her fathers side have any recourse.
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

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.
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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. § 19-9-3

Also see (regarding grandparents' visitation rights):
O.C.G.A. § 19-7-3

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.

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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:

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