In 2000, the U.S. Supreme Court issued a decision on grandparents’ visitation rights in the Troxel v. Granville case. Before this case, a judge could grant visitation rights to anyone, even over the objection of the parents, so long as the visits were considered in the best interest of the child. This ruling has severely complicated the rights of grandparents when it comes to seeing their grandchildren.

Pursuant to O.C.G.A. § 19-7—3(b), as a grandparent you have the right to file an action for visitation rights. You may also petition to intervene in an action concerning custody of your grandchild, any divorce proceeding that will address custody of the child or any action seeking to terminate the parental rights of one or both parents (TPR).

If you are seeking visits and can demonstrate to the court that there has been a pre-existing relationship with your grandchildren that you are seeking to preserve, you may petition the court for visits.  The court will balance the interest of the child against the rights of the parents. 

In Georgia, case law has narrowly defined what visitation with grandparents looks like. There are a lot of factors for consideration when determining the scope of visits. The Law Offices of Erica Wilson has successfully obtained generous visitation plans for grandparents and we can assist you with maintaining your bond with your grandchildren.