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Grandparent Visitation Rights

Publish Date: 12/03/2013

Are you concerned that once your son's or daughter's divorce is finalized, you will no longer be able to see or spend time with your precious grandchildren? If you are, you are not alone, and Georgia law may provide you with the ability to ensure a continued relationship with your grandchildren, despite the change in their parent's relationship.

Georgia law recognizes that it is extremely important for children to not only have a relationship with both parents, but to maintain a healthy relationship with their grandparents as well. See O.C.G.A. § 19-7-3 (c)(3). According to the Official Code of Georgia, a grandparent may either file an original action for visitation or intervene in an ongoing action that determines the custody of their grandchild (such as a divorce action) and ask the Court to grant him or her the right to reasonable visitation with their grandchild. O.C.G.A. § 19-7-3. Specifically, the relevant section of the right states the following:

"…any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19."

O.C.G.A. § 19-7-3 (b)(1).

If you are a grandparent seeking to establish routine visitation with your grandchildren, you have a right. However, it is important to note that the law cited above does not allow grandparents seek court ordered visitation if the parents of the child are not separated and the child is still living with both parents. O.C.G.A. § 19-7-3(b)(2). To learn more about your rights as a grandparent in Georgia, contact one of our knowledgeable and experienced grandparent's rights attorneys today by calling 678-879-9000. We would be more than glad to help you ensure a continued relationship with your grandchildren.


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