| As a domestic relations attorney in Georgia, I often | | | | welfare and happiness. In Georgia there is a |
| receive inquiries as to the rights of grandparents in | | | | rebuttable presumption that it is in the best interest |
| that State. Generally, theses inquiries relate to three | | | | of the child or children for custody to be awarded to |
| specific situations: grandparents wanting visitation | | | | the parent or parents, but this presumption may be |
| rights to grandchildren; grandparents wanting custody | | | | overcome by a showing by the grandparent that an |
| of grandchildren; and grandparents merely wanting | | | | award of custody to the grandparent is in the best |
| power of attorney or formal guardianship to | | | | interest of the child or children. The sole issue for |
| temporarily care for grandchildren. | | | | determination in this type of case is what is in the |
| While it is the express policy of the State of Georgia | | | | best interest of the child or children. If a grandparent |
| to encourage contact between grandchildren and | | | | feels that they can show a Georgia superior court |
| grandparents who have shown the ability to act in | | | | that it is in the best interest of the child that custody |
| the best interest of the children, in the State of | | | | be removed from a parent and awarded to the |
| Georgia grandparents have limited rights to | | | | grandparent, the grandparent may file a custody |
| grandchildren. In the case of visitation rights, a | | | | action regardless if the parents are married and living |
| grandparent may petition a Georgia superior court for | | | | together. |
| visitation rights to grandchildren only in the instance in | | | | In the case of a grandparent in Georgia who needs |
| which a custody, visitation, divorce, or termination of | | | | to care for grandchildren temporarily with the |
| parental rights case regarding the children is already | | | | permission of a parent but does not want formal |
| pending, or whenever there has been an adoption in | | | | visitation rights or custody to grandchildren, the |
| which the adopted child has been adopted by the | | | | parent may delegate to the grandparent residing in |
| child's blood relative or by a stepparent. In such a | | | | Georgia caregiving authority regarding the minor child |
| situation, a Georgia superior court may grant any | | | | when hardship prevents the parent from caring for |
| grandparent reasonable visitation rights if the court | | | | the child. This authority may be delegated without |
| finds the health or welfare of the child would be | | | | the approval of a Georgia court by executing in |
| harmed unless such visitation is granted, and if the | | | | writing a power of attorney for the care of a minor |
| best interests of the child would be served by such | | | | child in a form substantially complying with the laws |
| visitation. In Georgia there is no presumption in favor | | | | of Georgia. A parent may automatically terminate the |
| of visitation by any grandparent. Grandparents in | | | | authority delegated to the grandparent by notifying |
| Georgia may not file an original action for visitation | | | | the grandparent by certified or overnight mail. The |
| where the parents of the minor child are not | | | | authority to designate a grandparent to act on behalf |
| separated and the child is living with both of the | | | | of a minor child is in addition to any other lawful |
| parents; parents that are married and living together | | | | action a parent may take for the benefit of the |
| have the right to deny grandparents visitation with | | | | minor child, and the parent shall continue to have the |
| the child. In the case an adoption petition filed by a | | | | right to medical, dental, mental health, and school |
| blood relative or stepparent, a grandparent who has | | | | records pertaining to the minor child. One step further |
| already been awarded visitation rights may intervene | | | | in this type of case is for the grandparent to petition |
| and object to the adoption of a child, and in that | | | | for formal guardianship of the grandchild in a Georgia |
| case the Georgia superior court may deny the | | | | Probate court; this is a formal, court-ordered |
| adoption or grant the adoption but continue the | | | | relationship as opposed to a non-court ordered |
| grandparents' formal visitation rights. | | | | relationship. In Georgia, formal guardianships are |
| Grandparents in Georgia wishing to obtain custody of | | | | granted only with the permission of both living |
| their grandchildren as opposed to visitation rights may | | | | parents and they may be terminated by the filing by |
| file an original action for custody in Superior Court, | | | | the parent of a request to end the guardianship and |
| and may be granted custody if the court hearing the | | | | in that case the Georgia Probate Court would |
| issue of custody, in the exercise of its sound | | | | determine whether it is in the best interest of the |
| discretion and taking into consideration all the | | | | child to terminate the formal guardianship. |
| circumstances of the case, determines that an award | | | | All visitation, custody, and guardianship cases in |
| of custody to the grandparent is in the best interest | | | | Georgia must be filed in the county in which the |
| of the child or children and will best promote their | | | | current legal custodian resides. |