Georgia Grandparent Custody Lawyer
There are times when grandparents find themselves in the position of acting as parents for their minor grandchildren. This may be by design or because the parents find themselves in situations where they cannot take care of their children. Unfortunately, grandparents acting as parents do not have any legal parental rights to make decisions related to the care of their grandchildren. However, under certain circumstances, Georgia law allows grandparents to seek custody of their grandchildren.
Seeking Custody of a Grandchild
To obtain custody of a grandchild, grandparents must show that parental custody would harm the child and that the award of custody to the grandparents will be best for the child’s health, welfare and happiness. If the parent is experiencing dependency, it also may be possible to obtain temporary custody of a grandchild while the parent addresses their substance abuse issues. And with consent of the parent, it may be possible for grandparents to obtain a temporary guardianship.
Seeking Visitation Time With a Grandchild
In most situations, Georgia courts presume that severing ties between grandparents and grandchildren can be emotionally harmful to grandchildren. When parents separate or divorce, grandparents often find themselves caught in the middle when there is a custody dispute. If grandparents are being prevented from seeing their grandchildren during a custody litigation, they can ask the courts for visitation time. It is important to note that Georgia law does not permit grandparents to seek visitation time with grandchildren when grandchildren are living with parents who are not separated or divorced.
We Can Help
The relationship between grandparents and grandchildren is important. If you are a grandparent seeking custody or visitation,our experienced family law attorneys will discuss your situation and determine whether Georgia law affords you a path to custody or visitation rights with your grandchild.
