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Grandparents Rights

Under special circumstances Grandparents can ask the court for visitation rights, and on even more special circumstances get custody of their grandchildren.

Georgia Law allows certain close relatives, such as grandparents, aunts, uncles, and siblings, to bring a court action for child custody against one or both parents. The law recognizes that a parent has a “rebuttable presumption” to custody, but allows a court to award custody to a relative if it would be in the child’s best interests and is the best way to promote the child’s happiness and welfare. 

Showing that a parent is unfit is a very serious undertaking. In Georgia, a parent’s right to custody of a child is a fundamental liberty interest protected by the United States Constitution. Because parents’ custodial rights of their children are constitutionally protected, courts require proof of unfitness to be supported by  “clear and convincing” evidence.

In Georgia, if the grandparents are raising the children, they may apply for child support services, these include: Locate parents, Paternity establishment, Order Establishment, Order Enforcement, Redirection of child Support payments, Child Support Collection and distribution, among others.

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