A Georgia grandparent can sue for visitation with a grandchild, but the statute limits when and sets a demanding standard of proof.
When You Can File
Under OCGA 19-7-3(b)(1)(A), “[a]ny grandparent shall have the right to file an original action for visitation rights to a minor child.” There is one large exception: no original action is authorized “when the parents of the minor child are not separated and the child is living with both parents.” OCGA 19-7-3(b)(2).
A grandparent also may not file an original action more than once in any two-year period, or in any year in which another custody action has been filed about the child. OCGA 19-7-3(c)(2).
What You Have to Prove
The court may grant visitation only if it finds “by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted” and that visitation would serve the child’s best interests. OCGA 19-7-3(c)(1).
That first finding is the hard one, and the statute closes off the easy version of it: “[t]he mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship.”
The Statute Has Survived Constitutional Attack
In Barnhill v. Alford, 315 Ga. 304 (2022), parents argued that this standard unconstitutionally interferes with the right to raise their own child. The Georgia Supreme Court disagreed and upheld the provision. It also held the grandmother could pursue visitation even though the child had since been adopted by her stepmother.
How Much Time
An award may not be less than 24 hours in any one-month period, and it may not interfere with the child’s school or regularly scheduled extracurricular activities. OCGA 19-7-3(c)(4), (c)(5).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!