Custody

The law allows for a grandparent, great-grandparent, or sibling (known in the law as a “family member”) to file for visitation in certain circumstances.

A grandparent can file an original petition for visitation rights only if the child’s parents are separated or if the child’s parent dies. If the parents of the minor child are not separated and the child is living with both parents, a grandparent cannot start his/her own case for visitation unless one of the parents is incapacitated or incarcerated.¹ A grandparent cannot file an original petition more than once in any two-year period and cannot file in any year in which another custody action has been filed concerning the child.²If a parent wants to file to modify or dismiss the grandparent’s visitation rights, such a petition also cannot be filed more than once in any two-year period.²

A grandparent, great-grandparent, or sibling can file to intervene in any case that is already in court involving:

• the issue of custody or visitation rights of the child in question;
• divorce of the parents or of a parent of the child;
• termination of the parental rights of either parent of the child; or
• an adoption in which the child has been adopted by the child’s blood relative or by a step-parent.⁴

The judge can grant visitation rights to a family member if there is “clear and convincing evidence” that the visitation is in the child’s best interests and that the health/welfare of the child would be harmed if the visitation is denied. If there is no substantial pre-existing relationship between the child and the family member, the fact that the child would miss out on the opportunity to develop a relationship with that family member is not enough to be considered “harm” to the child. If you are the family member, the judge can find that “harm” to the health/welfare of the child is likely to occur if, before filing for visitation:

1. the minor child resided with you for six months or more;
2. you provided financial support for the basic needs of the child for at least one year;
3. you have an established pattern of regular visitation or childcare with the child; or
4. any other circumstance exists indicating that emotional or physical harm to the child would be reasonably likely to result if such visitation is not granted.⁵

Note: Even if a judge does not award visitation to the family member, the judge can still order the parent to notify the family member of any musical concerts, graduations, recitals, sporting events, etc., that the family member can attend.⁶

¹ O.C.G.A. § 19-7-3(b)(1)(A), (b)(2), (d)(1)
² O.C.G.A. § 19-7-3(c)(2)
³ O.C.G.A. § 19-7-3(b)(1)(B)
⁴ O.C.G.A. § 19-7-3(c)(1)
⁵ O.C.G.A. § 19-7-3(g)