Representing the Rights of Grandparents in Forsyth County
While parents are primarily responsible for the upbringing and care of their children, grandparents often play a significant role in a child’s life. When parents get divorced or one parent passes away, it can impact the relationship between grandparents and grandchildren in many ways. If you are not able to visit with your grandchildren and would like to learn about your legal options, you should not wait to consult with a Forsyth County grandparents’ rights lawyer. Contact Banks, Stubbs & McFarland today to discuss your situation and concerns.
When Grandparents May Seek Visitation
If a child lives with both legal parents and the parents decide to withhold visitation from grandparents, there is little a grandparent can do. The law trusts parents to make such decisions for their children and if both parents decide to prevent visitations, this will generally be allowed unless the parents are unfit.
However, when parents get divorced or one spouse passes away, a parent might decide to end visits with the grandparents on the other side of the family. In this situation, grandparents may be able to successfully petition the court for visitation rights.
The Rights of Grandparents
If you have been denied contact with your grandchildren after a death or divorce, speak with an experienced grandparents’ right lawyer in Georgia. The law regarding grandparents’ rights was updated in 2012 and again in 2019 to include “equitable caregivers.” The law now provides greater rights for grandparents in several situations.
The law allows judges to presume that continuing contact with grandparents is in a child’s best interests if any of the following were true prior to the death or divorce:
- The child lived with the grandparent for six months or longer;
- The grandparent financially supported the child for one year or longer;
- The grandparent regularly cared for the child or visited with the child; or
- There are other circumstances that indicate the no visitation would likely result in emotional or physical harm to the child
The law is in favor of at least minimal contact with grandparents. However, grandparents must overcome legal hurdles for the court to rule in favor of visitation against a parent’s wishes. It is important to have the right lawyer fighting for your rights as a grandparent.
Discuss Your Options with a Cumming Grandparents’ Rights Lawyer
At the law office of Banks, Stubbs & McFarland, we handle all types of family law cases, including those involving grandparent rights. Call 770-887-1209 or contact us online for a consultation with a Forsyth County grandparents’ rights attorney.