The Cook & Tolley Blog

How may I get visitation rights to my grandchildren?

Georgia has become an increasingly difficult State for grandparent visitation rights. Just as recently as June of 2018, the Georgia Supreme Court has found portions of Georgia’s grandparent visitation statute unconstitutional. The reason being that it still allowed a court to usurp the fundamental right of a parent to the custody and control of his or her child.

With that in mind, the laws are spelled out in section 19-7-3 of the Georgia code. According to Divorcenet, if you have grandchildren, you may exercise this right by  seeking a court action requesting for visitation rights to your grandchildren. However, the laws of Georgia only allow you to file for visitation in court once every two years. You may only ask for visitation if your grandchild lives with a single parent having lost one parent or if the parents of your grandchild are divorced. You also have the right to join any legal case that exercises action about visitation rights or custody, termination of the parents’ rights, and the adoption of the child by a close relative.

Cook & Tolley, LLP will listen carefully to your situation and apply the facts to the complex Georgia law on grandparent visitation rights. Let Cook & Tolley, LLP assist you in determining your chances of success in a Georgia court before getting involved in a trying and difficult situation.

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