Atlanta Grandparents’ Rights Attorney
In Georgia, grandparents may have a right to visitation with their grandchildren if their circumstances meet certain criteria. Depending on the controlling factors of the case, a grandparent may even be awarded custody of the child. However, grandparents must keep in mind that in the case of visitation, they will usually only gain access of the child through the relationship of the child’s parents. This means that the child’s parents will determine how much time, if any, the grandparents may spend with the child.
At Bushnell & Drye, LLC our Atlanta Grandparents Right Lawyer is able to represent grandparents in all grandchild custody and visitation issues. Our attorneys are also able to regain visitation rights for grandparents who have been kept from seeing their grandchild, even if it wasn’t in the child’s best interest. Please contact Bushnell & Drye today for more information about grandparent rights in Atlanta.
Grandparents as Managing Conservators
A grandparent can petition the court to become the child’s managing conservator. By becoming a managing conservator the grandparent can make decisions about how the child is raised, educated, and cared for. To initiate a petition, the grandparents must file a suit of their own or a petition for intervention that makes the petitioner a part of a suit that has already been filed. A grandparent must also prove that the parent intends to deny the grandparent from possession or access to the child. The court will heavily prefer a biological parent to have custody of the child, but may allow a grandparent to have custody if it is in the child’s best interest. Additionally, a court will allow the grandparent to request permanent custody of a child if the biological parent(s) is in prison, is mentally incapacitated, deceased, or are unable to take care of the child.
Visitation Rights of Grandparents
Under Georgia’s “Grandparent Visitation” Statute, grandparents may seek court-ordered visits with their grandchildren. This means that the grandparent can petition the court to grant them “reasonable visitation” if both parents are not living with the child. For the court to order grandparent visitation, the court must find that the visitation is in the best interest of the child and that unless visitation would be granted, the child would be harmed.
The Georgia statute considers the following to be “harm” to the child:
- The minor child previously resided with the grandparent for six months or more
- The grandparent provided financial support for the basic needs of the child for a minimum of a year
- There is a history of regular visitation or child care by the grandparent with the child
- There are other circumstances that indicate emotional or physical harm would result if visitation is not granted
Trustworthy Family Law Attorneys
The Atlanta Grandparents Right Lawyer at Bushnell & Drye, LLC have years of experience in family law and want to help you keep your family protected. Our attorneys will help through any child custody issues you may have. Contact us today for an >initial consultation about your legal circumstances and let us put our skill to work for you.