Atlanta, GA Grandparents’ Rights Lawyer
The relationship between grandparents and their grandchildren is unique. Children receive unconditional love, support, and a sense of family from their grandparents. Sadly, disputes may arise between parents and grandparents that jeopardize these family relationships.
If you want to defend your legal rights as a grandparent, let a caring family attorney help. A capable Atlanta, GA grandparents’ rights lawyer can work diligently to protect the special bond you have with your grandchildren.
Does State Law Support Grandparent Visitation?
Official Code of Georgia Annotated §19-9-3 encourages continuous contact between a child and their grandparents if the grandparents can act in the child’s best interests. If a grandparent is denied contact with their grandchild, they can file a separate petition for visitation or intervene in the parents’ divorce or custody action. However, grandparents may not seek court-ordered visitation if the grandchild lives with both parents, the parents’ legal rights to the child have not been terminated, or the parents are not separated or divorced.
To successfully gain visitation, grandparents must prove that their lack of visitation would harm the child’s health or welfare. Additionally, they must show that grandparent visitation is in the child’s best interests. The grandparents must present “clear and convincing evidence” to meet this burden of proof. Additionally, it is irrelevant whether the grandparents would be adversely affected by a lack of contact with their grandchildren. Because of the legal complexities of a grandparent visitation case, it is best to consult a knowledgeable Atlanta attorney before initiating any legal action.
Meeting the Burden of Proof for Visitation
Grandparents seeking visitation over the objection of parents must establish that contact with the grandchildren is in the children’s best interests. Courts will consider numerous factors when making this determination, including the:
- Grandchildren’s ages;
- Physical and mental health of the grandchildren, parents, and grandparents;
- Length of time contact has been interrupted;
- Reason for the interruption in contact.
Courts will not expose children to additional turmoil, so the ability of the grandparents and the parents to put their differences aside for the sake of the grandchildren may be a factor in the court’s decision making.
You have a stronger case when you can show that you previously had regular, consistent contact with your grandchildren. Proof that the you participated in your grandchild’s daily life, such as caring for them after school, is important. Evidence showing that the lack of contact has caused your grandchild to act out emotionally, start bedwetting, or perform poorly in school can support your position.
Courts will weigh the benefits that children receive from grandparent visitation against any harm to the parent–child relationship. This is a difficult burden to meet. An Atlanta, GA, grandparent should work with a skilled and updated family law litigation attorney to ensure their case is presented in the most persuasive manner.
Negotiation Is Worth Trying
Disputes between grandparents and their adult children sometimes interfere with a grandparent’s relationship with their grandchildren. The grandchildren are often the biggest losers in these scenarios.
When the parents of the grandchildren remain together, you have no right to bring a legal petition for visitation. You must focus on other means of resolving the issue.
Family counseling, individual counseling, mediation, or a combination of these services can be effective in improving communication between family members and resolving disputes. The experienced family lawyers on our Atlanta, GA, team have a network of professionals who specialize in repairing damaged family relationships, including the latest updated guidelines for grandparents. In an appropriate case, an attorney can draft an agreement between parents and grandparents regarding access to the grandchildren.
Can Grandparents Seek Custody of their Grandchildren?
There are circumstances in which grandparent custody may be necessary to protect a child. While Official Code of Georgia Annotated §19-7-1 does permit a grandparent to file for custody of a grandchild, local courts presume that a child is best cared for by their parents.
To overcome this presumption, grandparents must prove by clear and convincing evidence that the child would suffer physical and emotional harm if custody is granted to or remains with the natural parents. If a judge determines that such potential for harm exists, the grandparents must then demonstrate that awarding them custody will promote the child’s happiness and welfare.
This legal presumption can be extremely challenging to overcome, but a grandparent must do so before a judge will consider awarding custody to them. In some cases, a child’s psychological evaluation may be needed to determine the possibility of physical or emotional harm if grandparent custody is denied. Additionally, a judge may appoint an attorney for the child, referred to as a guardian ad litem, to assess the child’s physical and emotional state relative to the grandparent’s request for custody.
Unlike a visitation case, custody gives the grandparents the same legal rights to the child as a parent. The grandparents may decide important matters for the child, enroll them in their health insurance plan, and even seek child support from the parents. To understand these complex custody laws, a grandparent should work with a compassionate attorney in Georgia.
Making a Temporary Custody Arrangement Permanent
Grandparents sometimes assume custody of their grandchildren when the parents face persistent challenges like incarceration, addiction, or lack of housing. When Georgia’s Division of Family and Children Services (DFCS) is concerned about the children’s safety, they may ask the grandparents to take custody of the children.
When DFCS places children with grandparents, DFCS decides when and if the children can return to their parents. If DFCS moves to terminate the parents’ rights, the grandparents would have the opportunity to adopt their grandchildren.
When the parents informally place their children with you, challenges may arise if the parents feel that they have overcome their difficulties and want to resume caring for their children. Any grandparent involved in this sort of dispute should contact a member of our Atlanta, GA, legal team for help with the updated information about grandparents’ rights.
Impact of a Child’s Preference in a Grandparent Custody or Visitation Case
Often, children have very strong connections to their grandparents. Grandparents can provide a type of love and support different from that between parents and children. If a child expresses a preference for contact with their grandparents, a court must consider it when deciding the case.
Georgia courts will honor the wishes of a child who is 14 or older in custody matters, unless the court finds that the child’s desired placement is not in their best interests. The court would scrutinize why the child prefers to live with the grandparents. The opinions of younger children carry less weight, but a court will evaluate the child’s maturity and may give their preferences strong consideration.
However, the judge must still independently assess whether the child’s preferred custody or visitation arrangement meets their needs. A capable Georgia grandparent’s rights attorney can explain the process of weighing a child’s preference against the ‘best interest of the child’ standard.
Learn More about Grandparents’ Rights from a Respected Atlanta, GA Attorney
Family law focuses on protecting relationships between family members. If you are a grandparent who has lost contact with a beloved grandchild or need to protect them by assuming custody, our skilled legal team can help. Call an experienced Atlanta, GA grandparents’ rights lawyer today to find out how you can preserve your grandparent-grandchild relationship.
