Have you been denied the pleasure of seeing your grandchildren due to a divorce or the loss of one of their parents? As a grandparent you have rights, and the state of Georgia will allow you to seek visitation through the courts.
Filing A Petition
To take legal action, you will have to file a petition for visitation rights. Then you and the parents of your grandchildren may be sent to mediation. The purpose of this meeting is to get everyone talking about what they want in hopes of coming to a resolution. If you can’t agree on visitations, or if there isn’t a mediation held, then the court will hold a hearing to decide if the request will be granted and under what terms.
The Court Standard
When deciding if grandparents should be allowed visitation rights, the court takes into consideration the best interests of the children, as well as their health (both physical and mental) and their welfare.
The court will evaluate the following to determine if denying you visitation would harm the children in any way:
● Did the children live with you for at least six months?
● Did you provide financial assistance to the children’s basic needs for at least one year?
● In the past were there regular visitations between you and the children?
● Any other circumstances which would render the children emotionally or physically harmed by denying you visitation?
Seeking Professional Assistance
Legal actions and court proceedings can be complicated. Having a reputable lawyer by your side can help you better understand your rights and the process. If you want to seek visitation of your grandchildren then call the office of Fred M. Kennedy, P.C., as your family attorney in Augusta.
Posted on behalf of Fred M. Kennedy, P.C.