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Grandparents' visitation rights in Georgia
Summary
In Georgia, a grandparent can ask a court for visitation, but only by showing with clear and convincing evidence that the child's health or welfare would be harmed without it, and that visitation is in the child's best interests.1
Great-grandparents and a parent's brothers and sisters can ask too, but only by joining a case that's already open, such as a divorce or custody case.1
Who can ask, and how
- Grandparents can file their own case, or join one that's already open.1
- Great-grandparents and the parent's brothers and sisters, meaning the child's aunts and uncles, can join an open case about custody, divorce, visitation or ending a parent's rights, but can't file their own.1
- A grandparent can't file a separate case while the parents are together and the child lives with both of them.1
What you have to prove
The judge can order visitation only after finding, by clear and convincing evidence, that the child's health or welfare would be harmed without it, and that visitation is in the child's best interests. The judge has to put those findings in writing.1
Not getting the chance to build a relationship isn't harm by itself if there wasn't a real relationship before.1
What the judge considers
The judge can find that harm is reasonably likely if:1
- The child lived with you for 6 months or more.
- You paid for the child's basic needs for at least a year.
- You had an established pattern of regular visits or child care.
- Other facts show the child is likely to be emotionally or physically harmed without the visits.
Parents' decisions about their children get deference, but not the final word, when cutting off contact would cause the child emotional harm. If a child who had a real relationship with you is now cut off completely or nearly completely, the judge can presume emotional harm, though the parents can answer that.1
If visitation is granted
- Visitation can't be less than 24 hours in any one-month period, shared among everyone the court grants visitation to.1
- It can't interfere with the child's school or regularly scheduled activities.1
- The court may send the case to mediation and appoint a guardian ad litem, at your expense, if you can pay without unreasonable hardship.1
Limits on filing
- A grandparent's own case can't be filed more than once in any two-year period, or in a year when another custody case about the child has been filed.1
- Once visitation is granted, the parent or custodian can ask the court to change or end it for good cause, but no more than once every two years.1
- Different rules apply when one of the child's parents has died, is incapacitated or is in prison. That parent's own parents can ask for visitation under a separate part of the law.1
Questions you might ask a lawyer
- Do I have enough of a past relationship with my grandchild to meet the harm standard?
- Should I join the parents' divorce case or file my own?
- What evidence would show harm in my situation?
- What will mediation and a guardian ad litem cost?
Common questions
Do grandparents have rights in Georgia?
They can ask for visitation, but they have to show by clear and convincing evidence that the child would be harmed without it, and that it's in the child's best interests.1
Can grandparents get visitation if the parents are still together?
Not in a separate case. A grandparent can't file one while the parents are together and the child lives with both of them.1
How much visitation can a grandparent get in Georgia?
If the court grants it, at least 24 hours a month, shared among everyone granted visitation.1
Sources
Laws and court rules change. If something here looks out of date, email help@divorce.city.