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Atlanta Divorce Attorney > Blog > Family > What Happens When Grandparents Fight For Child Custody In Georgia?

What Happens When Grandparents Fight For Child Custody In Georgia?


Sometimes, the best option for a child is to be raised by their grandparent. Parents may be unfit, in prison, deceased, or prevented from taking care of children in some other way. Grandparents are often the obvious choice to receive custody, having already demonstrated their parenting skills and being biologically related to the child. One thing is for sure: Keeping children connected with their families is almost always the best option compared to foster care or adoption. But what happens when grandparents fight for the custody of their grandchildren in Georgia? How easy is this process, and what do you need to know if you’re a grandparent seeking custody of your grandchild? Let’s find out:

Grandparents’ Rights in Georgia Explained 

Grandparents in Georgia may get custody of children in certain situations. The most obvious reason courts grant custody to grandparents is the incapacity of the biological parents. This incapacity may be caused by a range of circumstances. The most obvious is the death of the parents – but these individuals may also become incapacitated by substance abuse, incarceration, mental health problems, or other issues.

Georgia grandparents may also forcibly file for custody if they believe the children are at risk for long-term harm. The burden of proof is always on the grandparents when it comes to this issue. They must prove to the court that the child is in serious danger, and that it would serve the child’s best interests to live under their care instead. It’s important to note that other relatives can also pursue custody of a child in similar circumstances, but it is a difficult endeavor regardless of who you are. You will need help from a qualified attorney if you wish to embark on this process.

It’s also worth noting that you can take legal action if your visitation rights are being violated as a grandparent.

Foster care is Becoming More Difficult in Georgia 

Fighting for your rights as a grandparent is even more important when you consider the fact that Georgia is dialing back its foster care system. Back in February of 2023, it was reported that lawmakers were trying to reduce the number of children moving into foster care, as they were concerned with the rising costs associated with caring for these young ones. Critics immediately questioned whether this would improve the lives of foster children or simply improve the state’s bottom line. One report shows that caring for foster children can cost the state as much as $1,500 per night when they’re placed in hotels – an ongoing issue particularly given the shortage of foster families in Georgia.

Where Can I Find a Qualified, Experienced Family Law Attorney in Georgia? 

If you’ve been searching for a qualified, experienced Atlanta family law attorney who can help you with this matter, look no further than Kaye, Lembeck, Hitt & French. We know how important it is for children to remain with their families and stay connected to their biological relatives. With our help, you can fight for the custody of your grandchildren in the most effective manner possible. Book your consultation today to get started with a solid action plan and fight for your rights as a grandparent.




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