The grandparent-grandchild relationship is an important part of a child’s foundation – it provides joy, happiness, and even a few life lessons. Unfortunately, a divorce can create a rift in the grandparent-grandchild relationship. But Georgia law does provide a remedy. Under O.C.G.A § 19-7-3, a grandparent living in Georgia has the right to ask the court for visitation with their grandchild or grandchildren, if they are otherwise unable to do so. Grandparents can exercise this right in two different ways.
The first is for the grandparent to file an action with the court seeking visitation with their grandchild. However, there are some limitations to this. The grandparents can only file an original action for visitation once every two years. There cannot be another custody action pending in court regarding the grandchild. Also, the grandparent cannot seek visitation with a grandchild who lives with both parents, and the parents are still married to each other. The second way a grandparent can request visitation of his or her grandchild is to intervene (or join) an existing legal action concerning custody or visitation rights, such as 1) a divorce action between the child’s parents, 2) an action for termination of either parent’s parental rights, or 3) an action for adoption of the child by a stepparent or blood relative.
