Grandparents’ Rights

In many families, grandparents are heavily involved in their grandchildren’s lives and may even play the role of parent in some households. However, after a separation or divorce, grandparents may wonder whether they can still visit their grandkids.

When Can Grandparents Ask for Visitation?

Parents can always choose to allow grandparents visitation with their children, without a court order. For various reasons, however, some parents stop allowing their children time with their grandparents. In these cases, the grandparents may be able to petition the court for visitation.

Yes. Georgia law gives grandparents the right to ask a court for visitation with their grandchildren. Grandparents can exercise this right in one of two ways. First, grandparents may file their own, original court action for visitation with their grandchild.

• any action concerning the custody or visitation rights of their minor grandchild, including a divorce action between the child’s parents
• an action for termination of either parent’s parental rights, and
• an action for adoption of the child by a step-parent or blood relative.

Can I seek custody of my grandchild?

Yes, but it can be very hard to win. In a custody proceeding between the parents and a grandparent, the court will determine custody based on the best interests of the child standard. The court will begin with a presumption that parental custody is in the child’s best interests, but a grandparent can rebut this presumption with evidence that awarding custody to the grandparent would be in the child’s best interests and would best promote the child’s welfare and happiness.