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 custody is presumed to remain with a child’s parents, grandparents (including a child’s great-grandparents and siblings) have the ability to petition the courts for visitation with their grandchildren.

In accordance with O.C.G.A. § 19-7-3,

“(A) Any grandparent shall have the right to file an original action for visitation rights to a minor child; and

(B) Any family member shall have the right to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child’s blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19.” O.C.G.A. § 19-7-3(b)(1).

Although grandparents have the ability to file actions to establish visitation, visitation rights are not guaranteed.  The state of Georgia has laid out the requirements for establishing the need for visitation, and the courts are bound by these requirements.

Pursuant to O.C.G.A. § 19-7-3,

“[u]pon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the original action or intervention:

(A) The minor child resided with the family member for six months or more;

(B) The family member provided financial support for the basic needs of the child for at least one year;

(C) There was an established pattern of regular visitation or child care by the family member with the child; or

(D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted.

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.