More Family Topics
When parents divorce, separate, die, or become incapable of being responsible parents the issue of Grandparents' Rights arises. Grnadparent Rights in Georgia includes protocol and laws that help grandparents get visitation and custody of grandchildren caught in bad circumstances.
Legal Action Success Fsctors
In making a decision in grandparents' rights issues a court (judge) will view things from the perspective of what best serves the interest of the minor child. This includes assessing any potential negative consequences from matters decisions regarding visitation, custody, and adoption.
Current Circumstances Matter
Grandparents cannot pursue a legal remedy for visitation if the minor child resides with both parents. If the child's parents are separated or divorced then the services of a family law attorney may be a viable option.
Generally, a court will recognize that a minor child will not face negative impacts from visitation when the child(ren) have lived with the grandparents, been financially supported by the grandparents, or the grandparent(s) have an established history of visitation and involvement with the children.
Limitations and Restrictions
There are certain circumstances or factors that can prevent a grandparent from taking a legal route to obtain visitation. Firstly, a formal legal request can be filed only once in any two-year period. Such a request cannot be filed if there are other active/pending motions regarding custody. If the minor child was adopted there may be complications in obtaining visitation.
Parent Death, Incapacitation & Divorce
A court may decide to appoint a guardian ad litem to represent the child's interests regarding visitaion. The court may also direct all parties into mediation to resolve legal and interpersonal conflicts.
When parents divorce, die, or become mentally incapacitated the direct involvement of grandparents may have greater value as it cna provide some stability for the minor child(ren).
If both parents die, both sets of grandparents may request custody of the grandchildren. Additionally, if the child(ren) are adopted by another party, the court may grant visit privileges to grandparents.
Beyond simply visitation, grandparents may sometimes adopt a grandchild. This is more common when both parents die, or living parents voluntarily surrendered parental rights.