When parents get divorced, it is unfortunately common for the rights and desires of the child’s grandparents to be ignored. The State of Georgia recognizes how important this relationship can be for a young person’s development, and there are legal options to protect your rights as a grandparent.
At the Law Offices of David E Oles, LLC, we proudly stand for the rights of grandparents. We believe that a relationship with your grandchild should not end because of their parents’ divorce, and our Alpharetta family law attorney will work tirelessly to keep this intact when you retain our firm.
When Can a Grandparent Gain Visitation?
If a child lives with both parents, your ability to take legal action to establish visitation is very limited. If they only live with one child, however, you will have the ability to sue for visitation, or even custody. Additionally, a divorce attorney can help you join an existing legal action such as a divorce or adoption to establish these rights.
In Georgia, courts will award visitation to a grandparent if both of the following are met:
- Granting visitation will be in the best interests of the child
- The health or welfare of the child would be harmed if visitation was denied
How Do Courts Determine if the Child’s Interests Will Be Harmed?
When determining if the child’s welfare or health will be harmed if visitation is denied, the court will primarily look at the existing relationship between the child and their grandparent.
If any of the following are true, the court will generally decide that visitation is in the child’s best interests:
- If the child lived with the grandparent for at least six months
- If the grandparent supported the child financially for one year or more
- If the child had regular visitation with, or was cared for by the grandparent
Every situation is unique, and the court will take care to consider any other circumstances which suggest that denying visitation will lead to emotional or physical damage. It is vital that you have a skilled Alpharetta divorce lawyer who can help you demonstrate that visitation will be good for the child.
Call Today to Establish Your Rights
The relationship a child has with their grandparents can play a big role in their future health and happiness, and our firm is dedicated to helping grandparents stay involved in their life. When you retain the Law Offices of David E Oles, LLC, you can expect committed representation from an attorney who is compassionate, knowledgeable, and always prepared.