Grandparent Custody Rights

Grandparents do have child custody rights in Georgia. There are certain circumstances wherein these rights can be exercised, but they require legal sanction from Georgia family court. Custody rights apply to grandparents when:

• One or both of child’s parents die
• Child has been living with grandparents for a considerable amount of time.

Grandparents requesting custody of child must file a petition in Georgia family court requesting full or partial custody. They may also apply for visitation rights as the case may be.

Georgia family court recognizes legal and physical custody. Legal custody gives the individual right to make important decisions concerning the child where as physical custody determines where and with whom the child would live and spend time. In joint custody, one parent will have primary physical custody and other parent would be awarded visitation rights.

In many instances, even grandparents rights make sit possible for requesting custody (full legal and physical) of grandchildren. The court recognizes reasons such as:

• Grandparent has been primary care giver for almost a year till then.
• Biological parents do not provide child with adequate parental care.
• Grandparent believes that child is being abused.
• Child has been subjected to neglect by parents.
• There is evidence of substance abuse and mental illness in child parent relationship.

Gaining full custody is not an easy job for grandparents in spite of being awarded grandparents rights by Georgia family court. The grandparents requesting for custody has to prove with substantial evidence that the handing over custody of child to them would be indeed in best interest of child. They also have to prove that they are genuinely concerned with welfare of child and that they share a good relationship based on affection with their grandchild which had begun with consent of parent or previous court order.

Grandparent’s custody rights give them legal right to request for partial custody and visitation rights too. If they are allowed partial custody they can spend time with their grandchild without consent or supervision of custodial parent. If they are awarded visitation rights, they get to spend time with their grand child under supervision of custodial parent or appropriate adult. Normally, grandparents are granted visitation rights so that they remain in contact with their grandchild and can nurture the relationship.

Filing a petition for child custody, even if they are by grandparents, is a complicated legal process and would require help from an experienced professional. The experienced and expert Georgia family law attorney would be able to prepare a case highlighting the reasons why grandparent custody and visitation would be beneficial and in best interest of child. Grandparents cannot intervene and request for custody if child is living with biological parents in an intact family.