Grandparents’ Rights

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Clayton County Grandparents’ Rights Lawyers Guiding You Through the Family Courts

Having grandchildren is a special kind of joy. You’re able to experience the world again with a fresh perspective through your grandchildren’s eyes, and they get the advantage of your wisdom and family stories. But what happens when a divorce or other family issues makes it harder — or impossible — to see your grandchildren? There are provisions for grandparents’ rights in Georgia, and you may be able to file to get court-ordered visitation with your grandchildren.

At Lunn Law LLC, our family law attorneys understand that it’s important for grandparents to have ongoing and frequent contact with their grandchildren. Call our office if you have questions about what rights you may have and how to file a case.

How Does the State of Georgia Deal With Grandparents’ Rights?

Grandparents’ rights are a relatively new issue to the family courts. For many years, grandparents did not have any legal recourse if they were not able to see their grandchildren after their child went through a divorce or passed away. However, Georgia is one of the states that does provide grandparents with legal standing to do just that.

The court system recognizes the importance of grandparent-grandchild relationships and seeks to make decisions that are in the best interests of the children. According to GA Code § 19-7-3 (2020), “Any grandparent shall have the right to file an original action for visitation rights to a minor child.”

This can be extended to other family members, including great-grandparents and adult siblings of the child, if there is “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 the 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.”

It’s important to note that these provisions are only in situations where there is a divorce or other issue of custody and are not applicable when the child is still living with both parents.

Can Grandparents File for Child Custody?

In some cases, a grandparent may want more than visitation with a child, and it is possible for a grandparent to be awarded child custody. However, this usually only happens if both parents are ruled unfit or have passed away, and the judge believes that living with the grandparent would be in the child’s best interests. If at least one parent is still living and providing adequate care for the child, it’s impossible for a grandparent to file for custody because it infringes on parental rights.

Can Grandparents File for Visitation If the Parents Are Still Married?

Family dynamics can be complicated, and if your child is keeping you from your grandchildren, you may be wondering if you can file for visitation. However, if the parents of your grandchild are still married, you are not able to seek visitation rights or get court-ordered grandparent visitation. One of the parental rights is to be able to socialize a child as the parents see fit, and this includes who to let them spend time with. However, if the parents are proven to cause emotional or physical harm to the child to the point of being ruled unfit, you may be able to petition for visitation or custody at that time.

How Can a Grandparent’s Rights Attorney in Georgia Help Me?

The family law courts are tasked with determining what is in the best interests of the child and making decisions that support those interests. In many cases, this means ensuring that their relationships with their grandparents continue unimpeded. However, these cases are rarely simple, and it can still be an uphill battle for grandparents to get court-ordered visitation with their grandchildren. This is where it’s important to seek help from an attorney who has experience with grandparent visitation rights in Georgia. A lawyer can help you understand if your case qualifies, file a motion on your behalf, and ensure you know what to do if the parent refuses to comply with the court’s order.

Now that you know that Georgia law does provide some legal grounds for grandparents to have visitation rights, it’s time to take the next step. Call our office at 770-762-4628 to schedule an appointment with an experienced family law attorney who can help you with your case.

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vinson fife
vinson fife
2023-10-26
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Gena Williams
Gena Williams
2023-08-25
This firm is very professional! Although we did not always understand the process, Robin was always there to help! She continually followed up with us and kept us informed as we waited and whenever I had questions, she replied immediately! Once our case was finalized, all documents were sent to us in a very professional notebook with a check containing the remainder of our balance! I can definitely recommend this Lunn Law firm!
Diantha Swope
Diantha Swope
2023-07-29
We were impressed that the Lunn Law LLC has "Zoom" capacity so it greatly reduces travel time for meetings. Everyone at the office was very courteous, professional, and knowledgeable at our application for services. They directed us in each step that we needed to take to pursue our goals. We would recommend the Lunn Law LLC to anyone needing their services.
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Barbara Bennett
2023-06-19
Courteous and well organized staff. Handled all my needs in a timely manner. Great attorney and excellent law firm. Will definitely recommend them to anyone needing an attorney.
Anthony Clark
Anthony Clark
2023-03-29
Can not say enough good things about Lunn Law from the beginning to the end they walked me through the entire ordeal, which was a Legitimation and child Custody case.I provided the information they took over . I would highly recommend this law firm.
A Faucette
A Faucette
2023-02-10
Attorney Lunn-White is an excellent attorney who goes above and beyond to meet the needs of her clients. She has an excellent reputation in the legal community and I highly recommend her law firm!
BUILT TO WIN TRADITIONAL KARATE & DESIGN
BUILT TO WIN TRADITIONAL KARATE & DESIGN
2023-01-16
Trustworthy with a Great Work Ethic
Michael Medlock
Michael Medlock
2022-07-28
Lunn Law LLC is hands down the best law firm I've ever done business with. They are warm and inviting. I felt like I was part of the family. My very first consultation with attorney Tiffany Lunn-White started with her asking me to speak about myself personally. And that did it for me. They were very thorough and on point with everything I needed. I highly recommend this firm.