Grandparents' Rights: Learn About Family Law and Custody
You’re never too old to be a parent! Nearly 6.2 million children live with at least one grandparent. Some children live with their parents and grandparents, while others live with grandparents who have sole custody.
You may be dealing with a lot of things when your grandchild’s parents get divorced. You may want to see your grandchild after the separation, and you may even want custody. You can get what you want, but you need to understand how family law and custody arrangements work first.
What are grandparents’ rights under Georgia law? How can you get custody of your grandchild? If you can’t get custody, can you help another blood relative get custody?
Address these questions and you can make the most out of your rights as a grandparent. Here is your quick guide.
In many cases, our clients benefit from settling legal disputes outside of a courtroom. The Hobson & Hobson legal experts attempt to resolve family law cases amicably and litigate in court only when that’s in the best interest of our client. Whether in court or during settlement negotiations, we will take the appropriate steps to protect your family and assets.
If you’re facing legal issues, the Canton family law and divorce attorneys at Hobson & Hobson can help.
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The highly sensitive issue of child custody can turn out to be one of the most emotionally draining and challenging phases of an individual’s life. When divorcing parents don’t find themselves on the same page, the subsequent court struggle can bring turmoil.
But we can help. Hobson & Hobson’s child custody attorneys in Canton, Georgia specialize in facilitating parents undergoing custody battles. If you are interested in scheduling a consultation and discussing your case, do not hesitate to reach out.
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Visitation & Custody
Visitation – A grandparent’s rights to receive visitation are substantial under Georgia family law. Section 19-7-3 of the 2020 Georgia Code allows a grandparent to file a motion for visitation. A judge can grant visitation if they believe the child’s welfare will be harmed without contact with their grandparent.
You may need to prove that you have a strong tie to your grandchild. Showing the child lived with you for at least six months can help. You can also show that you supported the child financially and visited with them regularly.
You can only file for visitation once every two years. You cannot file for visitation during a time when another custody action is pending before the court. If a sibling of the child is requesting visitation, you must wait for their request to go through before filing your request.
If the judge grants you visitation time, you must receive at least 24 hours of it every month. Your visitation hours cannot interfere with the child’s school or extracurricular activities.
Custody – You can seek formal child custody for your grandchild. However, it can be difficult for a grandparent to win custody because a family court usually prioritizes a mother’s or father’s rights over the grandparents’.
You must show that it is in the best interest of the child for you to become their guardian. This usually means showing that the parents were abusive toward the child or showed extreme immaturity.
But you can win custody if the parents are deceased, incarcerated, or dealing with substance abuse problems. If the parents lobby the court for you to become the guardian, a judge may fulfill the request with minimal protest.
Your grandchild can lobby the court to make you their guardian. A judge is under no obligation to take their request into account, but it can be a powerful piece of evidence. Statements from older children tend to carry more weight than statements from younger ones.
You should show that you have the financial resources to take care of the child. You should hand over information about your salary, real estate holdings, and other financial assets. You must show a strong relationship with the child previously, including regular visits with them.
It is very difficult to win a custody or adoption case without a lawyer. Find someone experienced with grandparents’ rights and custody.
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We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Ready to Get Started?
We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Contact Hobson & Hobson Today to Talk to Experienced Grandparents' Rights Lawyers in Canton, Georgia
Financial Support – Georgia law does not require you to pay child support for your grandchild. You can chip in if you want, but you do not have to pay if the child’s parents can cover the bills.
The only exception would be if the child’s parents are minors. A judge may ask you to contribute, though you would not be expected to pay for all of the child’s expenses.
You are not required to pay alimony or spousal support if the parents divorce each other. You can support your child until they recover from the separation, but you do not have to, especially if your child has a job.
It is rare for grandparents to receive financial support to raise their grandchildren. If you are not in a good financial position to raise your grandchild, you should reconsider applying for custody.
Other Grandparents’ Rights – You can join as a party to a pre-existing legal action. If your grandchild’s parents are divorcing, you can participate in the process. You can file a motion requesting that the judge give custody to one parent.
You can also file a motion requesting the court to terminate either parent’s parental rights. This is a rare step and is usually reserved for cases involving child abuse.
If you choose to do this, you should give evidence that the parent poses a threat to your grandchild. You can provide an affidavit testifying that you saw the parent abuse your grandchild.
If one parent gets divorced and remarries someone, you can request that the court recognize the partner as a legal guardian. You can do the same if another blood relative wants to adopt your grandchild.
The Essentials of Family Law and Custody Arrangements for Grandparents
Grandparents can make family law and custody arrangements work for them. You have the right to seek visitation and custody from the court. But you must prove an enduring relationship with your grandchild who must benefit from your interactions.
You are not required to contribute to alimony and spousal support. Yet taking custody means paying for your grandchild’s expenses. Make sure you have enough money.
You can also help other relatives get visitation or custody. The key is you hire an experienced family attorney to help you.
Our Canton grandparents rights lawyers at Hobson & Hobson serve the Atlanta-area residents. Contact our office today.
