Living arrangements are a critical part of establishing the welfare of children. This is especially important after a divorce or the death of a parent.
But gaining visitation and other rights can be a challenge if you don’t know the legal aspects to consider.
Knowing the laws that are in place in regards to grandparent visitation rights helps you look after the best interests of grandchildren as well as ensure that grandparents provide the care needed to support their development.
Grandparents and Visitation Rights
Visitation rights for grandparents are recognized by state laws that are in place to give grandchildren the support they need as they grow older.
Grandparents have the right to file a claim to gain visitation rights as well as intervene in cases that involve the custody of a child such as a divorce or the termination of parental rights.
Visitation rights may be granted to grandparents in cases where the parents are no longer living, the child has been placed into foster care, or if the child has been adopted.
If the child lives with both parents, then grandparents cannot acquire visitation rights. In order for grandparents to receive visitation rights, there are a number of requirements that must be met.
Requirements for Grandparent Visitation
Courts typically review the marital status of the parents prior to establishing visitation rights for grandparents. This may vary among states with some considering marital status only in cases where the grandchild previously lived with the grandparents.
Some states only grant visitation rights to grandparents in cases where one parent is deceased. Only the grandparents on the deceased parent’s side of the family can acquire visitation rights under these circumstances.
The best interests of the child must be considered, and it’s the responsibility of the grandparents to demonstrate to the courts that visitation rights would support the child’s interests.
Other factors such as the history of the relationship between the child and grandparents can also be assessed by the courts.
If the denial of visitation rights causes harm to grandchildren, then the courts must also take this into consideration when determining if visitation rights will be granted.
Visitation Rights for Grandparents in Georgia
The laws in Georgia recognize the value that grandparents provide to their grandchildren, and they allow grandparents to obtain legal visitation rights in certain cases.
Filing a legal action is essential to securing visitation rights, and grandparents can ask the courts to these rights in custody cases that involve divorce or adoptions.
If grandparents have established regular visits with their grandchildren, or if they’ve provided some form of financial support for a minimum period of one year, then the courts may grant visitation rights.
Georgia’s Grandparent Visitation Statute outlines the ways in which grandparents can secure visitation rights.
But grandparents may face legal challenges. Demonstrating that visitation rights would be in the best interest of grandchildren can be difficult.
Grandparents must be able to show that visitation rights would support the long-term health and welfare of their grandchildren. This can be difficult without the proper legal resources to help you prepare your case.
Understanding the laws related to visitation rights for grandparents is the first step in supporting the wellbeing of your grandchildren.
Consulting with an expert in family law helps you determine the strategies and options that are available to file a successful legal claim.