Grandparents' Rights

Georgia law gives the grandparents of a child limited rights concerning custody and visitation. Grandparents may petition the court only if there is a current action before the court concerning the grandchild's custody such as a divorce, child custody modification or an action concerning the parent's parental rights. In other words, if the grandchild is living with both parents, the grandparents may not file an original action for visitation.

Once a couple has initiated legal proceedings that involve a child, the courts do give the grandparents significant consideration when determining the parenting plan and what is in the best interests of the children (BIC). A guardian ad litem (GAL), who is a separate advocate only for the child, may be appointed by the court to assist in determining what is in the child's best interests.

A grandparent may have other limited rights; for instance, as an agent under power of attorney, a grandparent has the right to enroll his or her grandchild in the public school in their area of residence.

If you are a grandparent seeking to establish or modify visitation with your grandchild or have any other questions regarding your rights as a grandparent, please call Hecht Family Law at 678-926-9234 and we can discuss your options for obtaining the best results for you and your grandchild(ren).

I am here to help you with your grandparents' rights issue.