A Guide To Preserving Your Rights As A Grandparent In Georgia When Your Adult Child Is Getting Divorced
If your adult son or daughter has children from a marriage and is now seeking to dissolve that union, it is important to note that you may have legal rights to visitation with your grandchildren if all of the involved parties live in Georgia. The laws that impact your rights will vary from one state to the next, so if anyone permanently leaves Georgia, you may find that the decisions by the court about your visitation rights need to be modified. When you want to preserve the relationship you have with your grandchildren and you are not sure that all of the parties can come to an acceptable agreement on your own, it is a good idea to petition the courts to enforce your rights. The following information will help you to do so.
Remember That You Cannot Sue If The Parents Are Still Married And The Family Unit Is Still Intact
You will find that the state of Georgia will only allow grandparents to have court-ordered access to grandchildren under the age of 18 in very specific circumstances. For instance, if your son or daughter is still married to the other parent of your grandchildren and they are both in the home, you should not plan on being given any visitation. In addition, you will need to establish that you have had a prior and significant relationship with the grandchildren and that the children in question are likely to suffer in some way from not spending time with you now.
Understand When You Can Petition For Visitation
Unfortunately, there are other limitations that can impact your rights to see your grandchildren in the state of Georgia. For example, in 2012 the Georgia Supreme Court modified the existing laws and now it is easier for the courts to determine that harm could come to children in some instances as the result of ending an existing relationship with their grandparents.
Current laws are now in place that may provide for court-ordered visitation of minor children if:
-
The child or children in question resided in your home for at least six months
-
You provided financial support to the children for at least a year
-
You frequently visited the kids in the past or babysat them when their parents were not present
In conclusion, the state of Georgia has made it possible in some instances for grandparents to seek and obtain regular visitation with their grandchildren. However, you can only do so under specific circumstances and you should speak with a divorce or family lawyer from a firm like Baylor Family Law as soon as possible to preserve those rights. Therefore, the aforementioned facts will be very helpful.
Share