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1467 Scenic Hwy N
Snellville, GA 30078-2212
ph: 678-344-0116
fax: 678-344-0118
harold
As a grandparent do I have any rights?
In certain situations involving the best interest of a child Grandparents may be granted visitation rights by the Superior Court judge. Although Grandparents have rights, in the State of Georgia, to date, step-parents have NO rights to their step children. Only in an adoption are step parents given a break.
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The short answer should be "NO". But in certain situations there are things you can do to achieve the legal result you want.
For example, in a certain family the grandson was being reared by the parents when the Mother left and took the children without notice into a situation in which the Grandparents feared that the child was in danger. The grandparents have no rights, but by filing a suit and asserting that the child was in danger, the parents agreed to allow visitation to the Grandparents in return for the dropping of the custody suit. So, although the Grandparents have no rights they obtained visitation rights. Later, the parents divorced, the Grandparents got "temporary guardianship" and now the child is 20 years old. The Grandparents essentially became the parents.
This is a touchy situation that requires serious thought and insight into what must be done. Grandparents can assert visitation rights in certain cases where the court deems that it is in the best interest of the child, but these are extremely limited. In some cases, an acton for deprivation may be required in order to achieve the result you ultimately desire. Since the juvenile court decides who will receive temporary custody the grandparents seem the most logical choice, right?
This is an extremely volative and explosive situation when children are raising children and drugs and alcohol are involved. It is best to have an experienced attorney advise and help you determine what you can do.
Copyright 2013 Harold D. Holcombe, P.C.. All rights reserved.
1467 Scenic Hwy N
Snellville, GA 30078-2212
ph: 678-344-0116
fax: 678-344-0118
harold