Practice Areas

Grandparents Rights

Grandparent Rights to visit their grandchildren have been strengthened by the new law that went into effect on May 1, 2012, which gave grandparents more rights and abilities to obtain visitation for their grandchildren.

Under the new law a grandparent may seek visitation rights through the Courts when their grandchildren are involved in cases involving child custody, divorce or the termination of parental rights. It will encourage judges to allow children to visit their grandparents when that grandparent has financially supported the child for a year or regularly visited with the child.

Best Interests of the Minor Child

The new law allows judges to rule that the child’s Best Interests would be harmed without some "minimal" contact with their grandparents. The new law eliminates the language that states that there is "no presumption" in favor of grandparent visitation, and adds the following language:

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 where, prior to the original action or intervention:

  • The minor child resided with the grandparent for six months or more
  • The grandparent provided financial support for the basic needs of the child for at least one year
  • There was an established pattern of regular visitation or child care by the grandparent with the child
  • The quantity of visitation time requested and the potential adverse impact that the visitation will have on the child’s customary activities
  • Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted

It further establishes a rebuttable presumption that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent may suffer emotional injury that is harmful to such child's health.

The new law is effective immediately. It revises Official Code of Georgia O.C.G.A. § 19-7-3.

At Ladin & Associates, we put our experience to work for you to ensure that you and your family are protected while determining Grandparents Rights

Go Back To Family Law Practice Areas

Free Consultation

Contact Ladin & Associates today to speak with a dedicated attorney regarding your legal needs and options. We Will Help You Protect Your Family

Phone:   (770) 726-9811
Fax:   (678) 298-7496

  Ladin & Associates, Attorneys at Law
3104 Creekside Village Dr.
Suite 104
Kennesaw, Georgia 30144

Payment Options

Ladin & Associates accepts payment by Check, Money Order, Cash and Credit Cards.

Credit Cards

Click on a Link Below to Review Ladin & Associates Practice Areas

Contact the Attorneys of Ladin & Associates to discuss your legal questions.

eXTReMe Tracker