Last updated on April 8, 2021
We introduced the subject of grandparents’ visitation and custody prerogatives in our immediately preceding blog post, noting therein that there is a national — though varied — legal scheme allowing for such rights.
Georgia is of course centrally on board with its own statutory laws regarding the legal right of grandparents to visit their loved grandkids and, in some instances, secure custody rights over them.
A central question on the mind any Georgia grandfather or grandmother seeking visitation is obviously this: Is that right guaranteed under state law?
The short and swift answer to that inquiry is this: No, there is no absolute right to visitation conferred under Georgia law. In fact, there is no such unfettered prerogative in any American state.
In Georgia, a grandparent has the right to petition for visitation or custody, but the ultimate determination as to outcome will be determined by a state judge considering a number of factors.
One online legal forum discussing family law matters points to what is centrally involved in such a petition, noting that a threshold bar to a visitation or custody award exists when a child lives with both parents and no divorce or custody action has been commenced.
As is the case with every other matter in the family law universe concerning children, grandparents’ visitation and custody demands will be considered pursuant to the standard of “best interests.” In other words, what judicial outcome best promotes the well-being of youngsters involved in a family law issue?
Visitation and custody considerations in Georgia can understandably rise to a high level of complexity. Persons with questions or concerns can receive sound advice and strong legal representation from an experienced Atlanta-based family law attorney.
