Fortunately, our state`s laws support the right of grandparents to see their grandchildren and spend time with them. Under the Georgia Code (O.C.G.A. 19-7-3), grandparents can file a petition to request visits in any custodial action, including cases of divorce, termination of parental rights and adoption. As already mentioned, Georgian courts have a strong presumption in favor of keeping children with their parents. Under the Constitutions of the United States and Georgia, parents have the constitutional right to care for and care for their children. This right should be violated only in the most compelling circumstances. If the parent is willing to accept that the grandparent has custody of the child, the best solution may be to obtain temporary guardianship through the probate court. At Atlanta Divorce Law Group, we can assess the facts of your specific situation and determine the best course of action for a grandparent seeking custody of a grandchild. The courts assume that the granting of custody to one or both parents is in the best interests of the child. But if the grandparents believe that this is not the case and that it would be in the best interests of the child if they receive custody, then they can apply for custody.
Many grandparents fear losing access to their grandchildren if parents divorce, especially if their child`s ex-spouse is the custodial parent. Grandparents` visitation rights in Georgia allow them to get visits, but they must apply for them. They can do this by joining an existing record for visitation, custody, adoption by a step-parent or blood relative, or termination of parental rights. This is an even faster and easier way to gain the legal authority to act on behalf of a grandchild. With a grandparent`s power of attorney, you can enroll the child in school and extracurricular activities. have access to school materials and share content with others; and organizing and consenting to medical, dental and, where appropriate, psychiatric treatment. Parents also need to understand these laws and situations before handing a child over to parents like grandparents, even for something like a military deployment abroad. Remember: A parent who refuses to visit after a grandparent has had difficulties with their child This case is filed in the Supreme Court and requires the grandparent to prove that (1) parental authority would harm the child and (2) giving custody to the grandparent best promotes the health, well-being and happiness of the child. “Harm” means either physical harm or significant long-term emotional harm, or social or economic disadvantage, or the stress of situations such as divorce or a change of housing or school. After concluding that the child would be harmed if returned to the parents, the court must determine that it is in the best interests of the child to pass to the custody of the grandparents.
As a grandparent, you must prove with clear and convincing evidence that the grandchild would be harmed if placed in the care of the biological parent. If proven, your lawyer must prove that you, the grandparent, as the legal guardian, are in the best interests of the child. There are two main ways for grandparents to obtain custody of their grandchildren through the parents` objection: an application for custody under O.C.G.A. § 19-7-1 (b.1) or the filing of an application for dependency with the juvenile court. Yes. It is possible for grandparents in Georgia to obtain custody of their grandchildren. However, it should be noted that this is often not an easy task. In Georgia, the law generally assumes that it is preferable for children to remain in the custody of their parents. Therefore, grandparents should provide clear and convincing evidence that a transfer of custody to grandparents is in the best interests of the child or children and best promotes their well-being and happiness. It is important to note that this area of law is evolving rapidly. In 2018, the statue, which regulates grandparents` visits, was declared unconstitutional.
In 2020, the Grandparent Custody Act was also declared unconstitutional. You must prove that the parents are unfit to care for the child, or that otherwise it would affect the emotional or physical well-being of the child to give custody to the parents. Only one parent is required to grant the authority of the grandparents. Another reason is to purchase health insurance under a grandparents` policy or through the state when the grandparent asks for help. A parent who refuses to visit after returning from a long period of absence during which the grandparents may have assumed the roles of guardian or guardian of the child In all decisions made by the court concerning a child, it first takes into account the best interests and well-being of the child. Therefore, if the court decides that granting access rights to grandparents would be in the best interests of the child, it will grant them those rights. Parents of fathers who do not have children in marriage are not considered grandparents under Georgian law. So, if your son had an illegitimate child and did not follow the legitimation process, you are not legally considered a grandparent in the state of Georgia. To prove this, grandparents must prove that they have a strong relationship with the child and/or that they have provided financial support. A child who lives with his or her grandparents for six months, or a child for whom the grandparents have provided financial support, may suffer if, for example, the grandparents do not receive a visit. Or if grandparents offered regular child care and visited the child regularly, refusing to visit the child can be an emotional disadvantage for the child. Situations where the parent dies or goes to jail and a stepfather refuses to visit the grandparents Before the last amendment to the law in 2020, where O.C.G.A.
§ 19-7-1 was found unconstitutional, grandparents were not required to provide evidence that one of the parents was unfit to receive custody of their grandchildren. Instead, the grandparents had to prove, through clear and convincing evidence, that transferring custody to the parent would cause either physical harm or significant long-term emotional harm to the child. While this is not as common as cases involving parental rights, we see some cases of grandparents` rights that involve visitation and (less often) custody. If you`re a grandparent, you may be wondering when you`ll have the right to apply for legal access and custody – and you may not even know you had those rights. As defined by law, a grandparent is the parent of a parent of a minor child; the parent of a deceased minor child; and the parent of a minor whose parental rights have expired. Temporary guardianship gives the grandparent or a third party the right to do anything the parent could do. This is most often necessary when children are of school age and need to be enrolled in school. To get help with custody, temporary guardianship, grandparent visitation, power of attorney or child support as a grandparent in Georgia, you can count on The Fairell Firm. Contact us today to get started with this aspect of family law and work with a lawyer in custody. As mentioned earlier, the court always strives to act in the best interests of the child. Therefore, if you wish to exercise grandparents` visitation rights in Georgia, you must argue that granting these rights would benefit the child and that denying these rights could harm the child.
You need the right evidence and legal arguments to determine this. Family law assumes that the natural parent is the best parent for the child, but this presumption can be overcome by proving that custody is vested in a third party (i.e., the grandparent): If you live in the Atlanta area and need help with family law, you can count on The Fairell Firm. Our in-custody lawyers are ready and willing to assist you in your family law case, including the fight for custody of your grandchild. To learn more about Georgia`s custody laws, get family law advice, or work with a custodial lawyer, contact The Fairell Firm today. Attorney David Ward helps parents and grandparents in Gwinnett County who want to apply for a visitation or custody order or change an existing order. .