Grandparent Rights

For a lengthy period starting in the 1990s, Georgia grandparents seeking to have visitation rights to their grandchildren were nearly shut out by the law. Grandparents were obliged to prove that the child in question was suffering harm at the hands of the parents — a difficult standard to prove.

Recent changes in the law, while not fully tested in the courts, give grandparents greater latitude in obtaining access rights to their children's children.

Legal Advocacy For Buford And Gwinnett County

Even under the new rule, grandparents' visitation rights are still limited. They may not obtain visitation rights from the courts if the child lives with both parents. They are still required to show that the child is in danger of harm — but "harm" is defined more broadly.

Courts look more favorably on grandparents:

  • With whom the child has already lived for an extended period
  • Who have provided support to the child for a year or more
  • Who have an established pattern of visiting or providing for the child
  • Who can show that emotional or physical harm will befall the child if contact with grandparents is denied
  • When a child's mother or father has died, is in prison or otherwise unable to be a proper parent

The courts have shown that they value the presence of grandparents in children's lives. But it is still the burden of the grandparent to make a strong case for involvement in the child's life. Family attorney Eric J. Tatum has the experience and familiarity with Georgia law to do that.

Lawyer Eric J. Tatum also assists with grandparent adoptions.


Our job at The Law Offices of Eric J. Tatum, LLC, is helping clients in and around Gwinnett County with thorough, cost-effective and strategic solutions to their legal problems.

Call Eric at 770-648-2789, or toll free at 800-494-1577.

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