Crystal Wright | March 28, 2025 | Child support
Child custody laws for grandparents vary by state. Some states have specific laws that give grandparents limited visitation rights in specific situations. Other states do not afford grandparents visitation or custody rights beyond what the court might grant to a non-parent if a child is in imminent threat of harm.
What Are the Child Custody Rights for Grandparents in Lawrenceville, GA?
Georgia child custody laws for grandparents depend on what is in the child’s best interest.
How Can a Grandparent Get Custody of a Grandchild?
A court may grant grandparents custody of their grandchildren or visitation rights if the parents consent to the custody arrangements or relinquish their parental rights. Grandparents can also petition the court requesting custody because the parents are unfit.
Grandparents who are concerned about their grandchildren being neglected or abused should contact the Georgia Department of Family and Children Services (DFCS). They can also call 911 if they believe the children are in imminent threat of being harmed.
The grandparent must prove to the court that the parent is guilty of wrongdoing, which makes them unfit to have custody of the children. Typically, the wrongdoing must endanger the child’s physical or emotional well-being. The evidence must be compelling enough to convince the judge the child is in danger, and it is in the best interest of the child to grant the grandparent custody.
What Factors Are Considered in a Custody Case for Grandparents?
Each case is decided based on the unique factors and circumstances of the case. There is no set standard for deciding these cases. Generally, judges use the same factors to decide child custody for grandparents that they use to decide custody matters for parents.
Factors a judge considers when placing custody of a child with a grandparent include:
- The child’s reasonable preference for custody
- The health and age of the child and the grandparents
- The ability of the grandparent to provide for the child’s care
- The distance between the child’s current residence and the grandparent’s home
- The relationship between the child and the grandparent before the court case
- The fitness of the grandparents for custody
- How long a child lived with a grandparent or was cared for by a grandparent, if applicable
- Whether a child might experience emotional and/or physical harm if child custody is denied
In some cases, a grandparent may petition the court for visitation instead of custody. If so, the judge uses the same factors to determine whether it is in the child’s best interest to have visitation with the grandparent over a parent’s objection.
Grandparents’ Rights to Visitation With Grandchildren in Georgia
Parents have the legal right to decide who spends time with their children. The courts have hesitated to override a parent’s right to make that decision for their child. However, the courts also recognize there may be a strong bond between a grandparent and a grandchild. Terminating visitation with a grandchild could cause a child mental anguish in some situations.
Unfortunately, courts may not override a parent’s decision regarding grandparent visitation if the parents are fit and object to the grandparent visitation.
A grandparent may make a compelling argument that visitation is in a child’s best interest when:
- A parent dies, and the other parent terminates visitation with grandparents who have been active in the child’s life without a justifiable reason.
- A grandparent raised the child and/or the child lived with the grandparent for a significant time.
- The parents are separated or divorced, and one parent is using grandparent visitation for leverage or revenge.
- A parent’s rights have been terminated, and the other parent refuses grandparent visitation even though the grandparent has been active in the child’s life.
A Lawrenceville grandparent rights lawyer can review your situation and explain how Georgia child custody laws impact your case. The lawyer can discuss whether you have valid grounds that could potentially result in receiving visitation rights with your grandchild.
Grandchildren May Benefit From Relationships With Grandparents
Grandparents often have many roles in their grandchildren’s lives. A child may benefit emotionally and mentally from a close relationship with their grandparents. A child may suffer irreparable harm if a parent terminates the relationship without a valid reason.
Courts give great weight to a child’s best interest during child custody and visitation cases. Judges must balance the child’s interest with a parent’s right to make decisions for their child.Grandparents who wish to seek custody or visitation need to prepare a solid case to convince a judge the child will suffer harm if the court does not grant the request. The first step the grandparent should take is finding a Lawrenceville child custody lawyer with experience in grandparent rights.
Contact Our Attorneys for a Free Consultation
Navigating the complexities of child custody can be overwhelming. At Crystal Wright Law, LLC, we understand that every family is unique and are committed to helping you find the best solution for your situation. Our experienced family law attorneys can provide the guidance and support you need to make informed decisions. Don’t face these challenges alone. Schedule a free consultation with Crystal Wright Law, LLC, to discuss your options and learn more about how we can help.
Contact us today to take the first step toward a brighter future for you and your family.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at
Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134
