Grandparents’ Rights Attorney in Atlanta

Grandparent Visitation Rights Under O.C.G.A. 19-7-3

O.C.G.A. 19-7-3 is the primary Georgia statute governing grandparent visitation rights. Under this law, grandparents, great-grandparents, and siblings may seek court-ordered visitation either by filing an original action or by intervening in a pending custody, divorce, termination of parental rights, or adoption proceeding.

Standing & Filing Limits

Standing to file an original action isn’t automatic. Grandparents don’t have standing when the child’s parents aren’t separated and the child lives with both of them. Qualifying circumstances include parents who are separated or divorced, a deceased parent, an incarcerated parent, or a parent whose rights have been terminated. Once standing exists, the statute limits how often grandparents can file: no more than once every two years, and not during any year in which a separate custody action is already pending.

The July 1, 2025 Amendment to O.C.G.A. 19-7-3

Effective July 1, 2025, Senate Bill 245 (Act 186) amended O.C.G.A. 19-7-3 to clarify how courts may amend or revoke existing grandparent visitation orders when a parent is deceased, incapacitated, or incarcerated, and it placed new limits on how frequently those modification petitions can be brought. Grandparents with an existing visitation order should understand how those changes affect their rights going forward. One additional point: a stepparent adoption doesn’t extinguish grandparent visitation rights under Georgia law. Rights are affected only by adoption by a non-related party.

The Evidentiary Standard for Court-Ordered Visitation

Obtaining court-ordered visitation requires meeting a two-part test under the clear-and-convincing evidence standard, which means the evidence must be highly probable rather than merely sufficient. Grandparents must prove both that the grandchild’s health or welfare would be harmed without visitation and that visitation would serve the child’s best interests. Both conditions must be satisfied.

A parent’s decision to deny contact carries weight with the court but isn’t conclusive. Georgia courts may override that decision when denial would result in emotional harm to the child. The burden of proof falls entirely on the grandparents, and the impact on the grandparent from the lack of contact is not a factor the court weighs.

Courts consider several factors when evaluating these cases:

• The grandchild’s age and physical and mental health
• The physical and mental health of the parents and grandparents
• The length of time contact has been interrupted and the reason for the interruption
• The depth of the existing relationship, including whether the grandparent provided regular care, after-school support, or financial assistance for a year or more
• Behavioral or emotional changes in the grandchild that may support the harm element
• The ability of grandparents and parents to cooperate, since courts won’t award visitation in a way that exposes the child to additional conflict

Grandparent Custody in Georgia

Custody is a more demanding claim than visitation. Under O.C.G.A. 19-7-1, Georgia courts presume that parental custody is in the child’s best interest, a doctrine known as the parental rights presumption. To overcome it, grandparents must show by clear and convincing evidence that the child would suffer physical and emotional harm if custody remains with or is awarded to the natural parents. Social or economic disadvantage on the parents’ part isn’t enough on its own.

Once that threshold is cleared, grandparents must then demonstrate that awarding them custody would best promote the child’s health, welfare, and happiness. Grandparents sometimes pursue custody when parents face incarceration, addiction, or prolonged housing instability.

When Georgia’s Division of Family and Children Services (DFCS) has placed a child with grandparents due to safety concerns, DFCS retains authority over whether and when the child may return to the parents. If DFCS moves to terminate parental rights, grandparents may have an opportunity to pursue adoption at that stage. Courts may also appoint a guardian ad litem, an independent professional who assesses the child’s physical and emotional state and reports findings to the court when custody is contested. Georgia law gives significant weight to the custody preference of a child aged 14 or older, though the court retains authority to disregard that preference if it isn’t in the child’s best interests.