Press Release reports that Georgia Bill 1198 was passed in 2012 which expands the decisions that the court can make in considering grandparents visitation rights when child custody, divorce or termination of parental rights occur.  For many children providing them a source of stability that they had known makes a positive difference in their life.

Court Gives Guidelines for Continuing Contact with Grandparents

While Georgia grandparents cannot sue for visitation rights of a child or children living in an intact family where both parents are present in the home, they may do so in other situations where there is only 1 parent, the parent is no longer able to safely take care of their child, or the parent dies. Obtaining legal guidance regarding your specific situation will start the pathway to gaining visitation rights with your grandchild(ren).

The court dictates that if it is reasonably likely that harm could come to the child(ren) if they are deprived of having contact with their grandparent(s) in the situations noted below:

  • The child(ren) lived with the grandparent for 6-months or longer
  • The grandparent(s) provided financial support for the basic needs of the child for at least one-years time
  • The grandparent has an established routine of visiting the child or for providing for part of their child care
  • Other unique circumstances that show emotional or physical harm would result from lack of contact

Example of Current Case for Grandparent Visitation Rights

Looking at a case under the context of Georgia Bill HB 1198, a child was taken care of by a grandparent on a daily basis while the parents were at work. After several years of this arrangement the father of the child dies and soon thereafter the mother of the child makes the decision to stop letting the grandparent provide child care or visit as had occurred previously for many years.

Under the current law in order for the grandparents to receive visitation rights the court would have to find that the child would suffer actual harm if the grandparents were not allowed to see their grandchild. Under the new law being passed through the house, the court would operate under the presumption that the child would be injured.  The Georgia Bill 1198 would allow thousands of grandparents who are not allowed visitation due to death, divorce or even due to an unwanted pregnancy, the ability to see and visit their grandchild(ren) once again.

Douglasville Grandparent Visitation Rights Attorney

If you are a grandparent who wants to maintain contact with your grandchild but find resistance and roadblocks from the one remaining parent, come in for a free consultation with the Douglasville law team that is up-to-date on changes in the law and new bills that have been passed into law.

You need all the legal guidance you can get that is current and correct in all new Georgia laws that come into affect each year. Call the experienced Douglasville law team and grandparent visitation attorneys at Miller & Hightower.

By | 2018-02-01T16:46:20+00:00 September 30th, 2013|Child Custody, Family Law|0 Comments

About the Author: