Grandparents' Rights
The Decision - Your First Step Towards Gaining Visitation or Custody of a Grandchild(ren)
Georgia recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchild or grandchildren.
Georgia recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchild or grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor grandchild or grand kids and would not interfere with the relationship between the parent and the minor child. Moreover, if a grandparent is seeking primary physical custody, they must prove that the minor child would be harmed if they remain in the care of their legal parent. The decision to seek custody of a grandchild(ren) can be the first step to securing a successful future for your grandchild.
Do The Grandparents Have Standing?
Grandparent Visitation
Georgia law provides that "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."
Generally, the primary concern of any grandparent seeking visitation is establishing their legal right to time with their grandchild. The lawyers at Hobson & Hobson, P.C. will review the facts regarding your family and provide you with a path towards grandparents' rights.
Grandparent Custody
In some cases, grandparents seek primary physical custody of their grandchild(ren) - either temporary or permanent. This generally comes as a result of one or both parents being unable to provide adequate and quality care for a child. The lawyers at Hobson & Hobson, P.C. have handled a number of grandparents' rights case with facts related to the following:
Parent has substance abuse problems
Parent is in jail
Parent has had visitation rights terminated
Parent/child relationship has been terminated
There are many circumstances in which the courts allow family members - including grandparents, aunts, uncles and others - to obtain custody of the minor child. In addition to those mentioned above, possession could be granted because one parent is incompetent or deceased.