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is there a standard visitation for grandparents

Customer Question
is there a standard visitation for grandparents
Submitted: 7 years ago.Category: Legal
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2/23/2010
Lawyer: JD, Lawyer replied 7 years ago
JD
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Satisfied Customers: 1,335
Experience: Over 11 years in practice as a litigator ... civil and criminal
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While no specific "standard visitation" rights are defined for grandparents in the Georgia code, it does clearly give grandparents the right to file for visitation or intervene in a pending matter (divorce, custody change, termination of parental rights, etc) and seek visitation privileges with the child(ren). As is standard across the nation, a "best interests of the child(ren)" standard is used to determine the extent and type of visitation to be awarded. (C.G.A. 19-9-3)

 

Please reply if I can help further.

 

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JD
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Customer reply replied 7 years ago

If you have had your grandchild for 6 years because mother had a drug problem and she is now back wanting her daugthter, is it within reason to ask to see her every other week-end and one night a week - child will be 9 on March 7 and is very attached me and has no contact with mother.

Knowing Cobb County likes to give natural parent the child.

Lawyer: JD, Lawyer replied 7 years ago

Every court likes to give the natural parents custody, however this is not without limitation. Maintaining stability is very important (as you know) to a child's well being. When you have raised this child for six years while the mother wrestled with a drug addiction, you are being completely reasonable in limiting her initial visits with the child and making this a gradual transition. I think most any judge would agree with you while ultimately wishing to reunite the mother with her child (after the mother has proven herself to be drug free and stable over a significant period of time).

 

Obviously you should consult a local attorney who is familiar with your local judges and their standard practices.

 

Please reply if I can help further.

 

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Customer reply replied 7 years ago
Thank you so much for your help and I will being getting attorney soon but, what I really want to know is - is it reasonable (in your opinion) for me to want to see child every other week-end or will a judge think I am crazy to want some set visition like this and just want me to go away knowing that is what mother of child wants. She does not want me involved in child's life at all.
Lawyer: JD, Lawyer replied 7 years ago
I think it is very reasonable. In fact I think during the transition period you should see the child much more often. Eventually it may just be every other weekend, but until she has proven herself trustworthy and stable enough to care for the child and until the child has become accustomed to being around her, the transition should be gradual.
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Customer reply replied 7 years ago

Thank you again so, so much - I just trying to get all the information I can. I will bother you one more time. In your opinion, about how long does one use as a guideline to measure say stability and trustworthy? And, again in your opinion, how long should a transition period be.

Lawyer: JD, Lawyer replied 7 years ago

I certainly wish I could give you an answer to that question. Unfortunately that will completely depend on several factors such as...

 

- the length of time the child has been with you

- the nature of contact the child has had with the mother

- the stability of your home

- the nature of the mother's drug abuse

- the length of her sobriety

- the stability of the mother's occupation, education, and home life

- the child's attitude about being abandoned by the mother

- the child's performance in school

- any psychological opinions about the impact of this change in the child's life

- any medical or therapeutic opinions about the mother's stability (emotional, substance abuse, etc)

- the judge's prior tendencies in similar situations

 

This list could go on and on. I think it is enough to say that where a mother has abandoned her child with little or no contact for six years (two thirds of her life) we cannot expect to mend this relationship overnight.. or even in a few weeks. This process will and should take months and potentially years to complete. I also do not think the judge will look favorably on the mother not wanting you to have contact with the child... you have been this child's parent for two thirds of her life. It certainly would not be in the child's best interests to remove all contact. That would be the reaction of an addict... not a good mother.

 

I will be going offline but I will check your posting again in the morning to see if you need any other information. I wish you the very best and please feel free to reply if i can help further.

 

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Customer reply replied 7 years ago
I did say I would only ask you one more question but, I am wondering how you figured two-thirds of child's life - based on what ages. You are most insightful and you opinions have been of great value to me. You see this is all a nightmare to me. I am the parent's mother and I love her and I love my granddaughter. I have struggled but, the child is just starting out in life and needs me and the mother is an adult (35). I just want to try and make sure my granddaughter will be ok - safe, loved,security,etc. Parent is against child getting "play therapy" which she has been getting from me. I wanted her to be healthy physically and mentally as best possible. I guess what bothers me most is parent is against any suggestion I have and continues to want me to just hand child to her. I think I will go offline also.
Lawyer: JD, Lawyer replied 7 years ago

You said in an earlier post that you had your grandchild for 6 years and the grandchild was about to turn 9... that's 2/3.

 

Your motives are sound, loving and rational. Your daughter has obviously struggled with many problems and you should continue to look out for the innocent one in this situation while continuing to love and pray for your daughter.

 

Please reply if I can help further.

 

________________________

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Customer reply replied 7 years ago
I did say I would only ask you one more question but, I am wondering how you figured two-thirds of child's life - based on what ages. You are most insightful and you opinions have been of great value to me. You see this is all a nightmare to me. I am the parent's mother and I love her and I love my granddaughter. I have struggled but, the child is just starting out in life and needs me and the mother is an adult (35). I just want to try and make sure my granddaughter will be ok - safe, loved,security,etc. Parent is against child getting "play therapy" which she has been getting from me. I wanted her to be healthy physically and mentally as best possible. I guess what bothers me most is parent is against any suggestion I have and continues to want me to just hand child to her. I think I will go offline also.
Lawyer: JD, Lawyer replied 7 years ago
Please see my post above and let me know if I can help further.
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