Pursuant to O.C.G.A. § 19-7-1, “[u]ntil a child reaches the age of 18 or becomes emancipated, the child shall remain under the control of his or her parents, who are entitled to the child’s services and the proceeds of the child’s labor.”  O.C.G.A. § 19-7-1(a).

Although in the state of Georgia custody of a child is presumed to remain solely with that child’s parents, custody may be obtained by a third (3rd) party non-relative.  This third (3rd) party category includes grandparents (as well as great-grandparents).

As stated in O.C.G.A. § 19-7-1,

“[n]otwithstanding subsections (a) and (b) of this Code section or any other law to the contrary, in any action involving the custody of a child between the parents or either parent and a third party limited to grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, sibling, or adoptive parent, parental power may be lost by the parent, parents, or any other person if the court hearing the issue of custody, in the exercise of its sound discretion and taking into consideration all the circumstances of the case, determines that an award of custody to such third party is for the best interest of the child or children and will best promote their welfare and happiness. There shall be a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents of such child or children, but this presumption may be overcome by a showing that an award of custody to such third party is in the best interest of the child or children. The sole issue for determination in any such case shall be what is in the best interest of the child or children.” O.C.G.A. § 19-7-1(b.1).

If you are a non-parent interested in learning more about seeking custody or visitation, give us a call today at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also submit a case evaluation request on our website HERE.