Occasionally, due to a divorce or the death of a parent, the grandparents' access to their grandchildren may be denied or at risk. For a grandparent who has established and maintained a close and established bond with his or her grandchildren, denial or hindrance of access to the grandchild is extremely traumatic. Our firm can assist a grandparent or grandparents in gaining court-ordered visitation with their grandchildren.
Any grandparent may file a suit for visitation at any time or may seek to intervene in a pending case involving (1) custody, (2) divorce of the parents, (3) termination of parental rights of either parent, and (4) an action to adopt the grandchild or grandchildren. It is the State's policy to encourage visitation between the child and the grandparent if such contact is in the best interest of the child.
The right to grandparent visitation is set forth in Section 19-7-3 of the Georgia Code. That code section provides ". . . the court may grant any grandparent of the child reasonable visitation rights if the court finds that the health or welfare of the child would be harmed unless such visitation is granted and if the best interest of the child would be served by such visitation . . . ."
All too frequently, a child is living in a home where the conditions expose the child to immoral conduct or endangers the health and welfare of the child. In such cases a grandparent may have grounds for an action to obtain physical custody of the child. The standard is whether the conditions place the child in imminent physical harm or long term emotional harm, and it would be in the best interest of the child for the grandparents to have physical custody.
Based in Commerce, Georgia, John Terry Brown, Attorney at Law serves clients throughout Northeastern Georgia, including Commerce, Jefferson,Toccoa, Danielsville, Carnesville, Clarkesville, Cornelia, Lawrenceville, Hartwell, Lavonia, Royston, Winder, Homer, Maysville, Nicholson, Madison County, Jackson County, Franklin County, Banks County, Gwinnett County, Barrow County, Hart County, Habersham County and Stephens County.
To learn more about how I can help you achieve your objectives in your divorce, call 706-335-6800 or contact me online.
Brown Law Office, LLC
7 State Street
Commerce, GA 30529
Post Office Box 423
Commerce, Georgia 30529
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