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I am trying to find out whether or not grandparents have…

Customer Question
I am trying to...

I am trying to find out whether or not grandparents have rights in Georgia. I am the uncle. I am asking for my mom. Her grandson has previously been allowed to sleep over. However, due to problems with the parents, they are trying to deny the grand child from sleeping over.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Have you talked to a lawyer yet?

No, It is that last option we want to take. Just trying find out if there are any rights.

Submitted: 8 months ago.Category: Family Law
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Answered in 24 minutes by:
9/21/2017
Family Lawyer: Thomas Swartz, Lawyer replied 8 months ago
Thomas Swartz
Category: Family Law
Satisfied Customers: 3,252
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified

Hello Customer,

Grandparents do have some rights in Georgia. They are set forth in Georgia Code Section 19-7-3. Under these provisions, a grandparent may bring their own original court proceeding for visitation with their grandchild. However, a grandparent may not bring such a proceeding to seek visitation with a grandchild who lives with both parents, if the parents have not separated.

In such a proceeding, a court will award a grandparent reasonable visitation if it finds:

  • the child's health or welfare would be harmed if the request for visitation was denied, and
  • the visitation is in the child's best interests.

The court takes into a variety of circumstances in making these determinations and it considers such things as: (1) whether the child resided with the grandparent for at least six months; (2) whether the grandparent provided financial support for the child's basic needs for at least one year; (3) whether there was an established pattern of regular visitation or child care provided by the grandparent: and (4) any other circumstances that indicate emotional or physical harm would be reasonably likely if visitation was denied.

In addition, if there is an existing court proceeding between the parents involving the custody and visitation of the child, including a divorce proceeding, a grandparent can join this proceeding, or "intervene" to ask for their own visitation rights taking into consideration the same elements listed above.

So, these are the rights a grandparent would have. They would have to either bring their own court proceeding for visitation (unless the child lives with both parents who are not separated) or intervene in an existing custody litigation involving the child.

I encourage you to read the full text of Section 19-7-3. Additionally, I will refer you to: Grandparent's Rights in Georgia.

I hope this information helps and good luck.

Thomas

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Thomas Swartz
Thomas Swartz, Lawyer
Category: Family Law
Satisfied Customers: 3,252
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Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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