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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I would like information on Grandparent visitation,In the state

Customer Question

I would like information on Grandparent visitation,In the state of Georgia.My grandson and daughter lived with me until he was 20 months old.My daughter got married 3 months ago.and will not allow me to see my grandson.He will be two years old next week..
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I would be most happy to assist. Are you seeking general guidelines, or whether a grandparent has a natural right to visit the grandchildren even if the parents refuse or do not wish to allow such contact?
Customer: replied 2 years ago.
I would like to know if I can visit my grandson.? Even though his mother and stepfather refuse to allow me to see him.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi In that situation I would have to provide you with unfavorable information so please do not blame the messenger. To answer your question directly, both Federal and Georgia state laws favor parents making decisions in keeping access away from grandparents if they so choose. In 2000, the US Supreme Court, in a decision called Troxel v. Granville, stated that parental rights are superior to grandparent rights and that parents have the right and the ability to withhold access.That does not mean that you have no rights. You can still petition the courts for guardianship or for visitation, but getting such rights is fairly difficult. The courts will only grant you visitation if you can show that a legitimate bond exists with the grandchild, and that it would be in the best interest of the child to be with you. Additionally, if you ever had guardianship, or the grandchild lived with you for a significant time (5 months is borderline) you likely have enough to claim that a bond existed. This is not to say you shouldn't pursue this, I am merely pointing out the law and the options available. You can seek rights, but as parents their rights are typically superior to yours. Still, since the child lived with you for 20 months I suspect you can fairly easily show that a bond exists which would permit you to seek out a basis for at least visitation. Without a court order, however, the parent is free to refuse access.Hope that helps clarify.Sincerely,Dimitry, Esq.