Grandparents' Rights in Georgia: What You Need to Know

If you're reading this, something has probably changed. Maybe a parent stopped answering your calls. Maybe your son or daughter passed away or went to prison, and you're scared you'll lose the grandchild you helped raise. Or the child is already living with you, and you need the legal authority to enroll them in school or sign a doctor's form.

Georgia law gives grandparents some options, depending on the situation. They're narrow, and they're built around the child, not around the grandparent. Below we walk through who qualifies, what a judge has to find, what changed in 2025, and the options that don't require a custody fight at all. If you'd rather talk it through with someone, our grandparents' rights attorneys can review your situation with you.

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "shall have the right to file an original action for visitation"

Source: /practice-areas/grandparents--rights Ctrl+F: "We represent Atlanta grandparents and family caregivers"

Quick Answer

Yes, grandparents in Georgia can ask a court for visitation, and in some cases for custody. But a parent's decisions get real deference. To get court-ordered visitation, you have to show by clear and convincing evidence that the child's health or welfare would be harmed without it, and that visitation is in the child's best interests. You also can't start a visitation case when the parents aren't separated and the child lives with both of them.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "evidence that the health or welfare of the child would be harmed unless such visitation"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "minor child are not separated and the child is living with both parents"

Source: O.C.G.A. § 19-7-1 (FindLaw) Ctrl+F: "will best promote their welfare and happiness"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "deference by the court, the parent's decision shall not be conclusive when failure to"

Who Counts as a Grandparent Under Georgia Law

Under Georgia's visitation statute, a grandparent is the parent of a child's parent. That includes the parent of a parent who has died, and the parent of a parent whose parental rights were terminated. So if your son or daughter has passed away, or lost their rights in court, you still count.

The same law also covers great-grandparents and the child's aunts and uncles (the statute calls them siblings of a parent). Georgia calls all of them "family members." Under this statute, only grandparents can start a new visitation case. Great-grandparents, aunts, and uncles can use it only by joining a case that's already in court.

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "means the parent of a parent of a minor child"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "means a grandparent, great-grandparent, or sibling"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "means the brother or sister of a parent of a minor child"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "Any grandparent shall have the right to file an original action"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "Any family member shall have the right to intervene"

When You Can Ask for Visitation

Any grandparent in Georgia has the right to file an original action, which means starting a brand-new case asking for visitation. Grandparents and other family members can also join a case that's already open. That includes a divorce, a custody case, a case to terminate a parent's rights, a visitation case, or an adoption by a blood relative or stepparent. Our visitation rights attorneys work with grandparents as well as parents.

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "shall have the right to file an original action for visitation"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "shall have the right to intervene in and seek to obtain visitation"

Source: /practice-areas/visitation-rights Ctrl+F: "grandparents pursuing court-recognized visitation rights"

When You Can't Start a New Case

There's one big exception. You can't file an original action when the child's parents aren't separated and the child is living with both of them. Read that carefully. It turns on whether the parents are separated and where the child actually lives. If the parents are separated, or the child isn't living with both of them, this exception doesn't apply, though the timing limits below still do.

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "minor child are not separated and the child is living with both parents"

How Often You Can File

Timing matters. A grandparent can't file an original visitation action more than once in any two-year period, and can't file at all during any year in which another custody action has been filed about the child. Count the dates before you file.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "more than once during any two-year period and shall not be filed during any year in"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "which another custody action has been filed concerning the child"

What the Court Has to Find

Loving your grandchild, even deeply, isn't enough on its own. The judge has to find, by clear and convincing evidence, that the child's health or welfare would be harmed without visitation, and that visitation would serve the child's best interests. That's a demanding standard.

The law also says that missing the chance to build a relationship isn't harm by itself when there's no substantial relationship already in place. In plain terms, an existing relationship matters.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "evidence that the health or welfare of the child would be harmed unless such visitation"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "no substantial preexisting relationship between the child and such family member"

What Shows Harm

The court has to consider, and may find that harm is reasonably likely, when any of these were true before you filed or joined the case:

• The child lived with you for six months or more

• You provided financial support for the child's basic needs for at least one year

• There was an established pattern of regular visitation with the child, or child care provided by you

• Some other circumstance shows emotional or physical harm would be reasonably likely without visitation

The judge has to put specific written findings of fact in the ruling. So it helps to gather the records that show your history with the child: when they lived with you, what you paid for, and how often you saw them.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "The minor child resided with the family member for six months or more"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "The family member provided financial support for the basic needs of the child for"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "There was an established pattern of regular visitation with the child by the family"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "The court shall make specific written findings of fact in support of its rulings"

How Much Weight a Parent's Decision Gets

The court gives a parent's decision about visitation deference, but that decision isn't the final word when cutting off contact would cause the child emotional harm. If the child already has a relationship with you and is denied any contact with you, or isn't given even a minimal opportunity for contact, the court may presume the child could suffer emotional injury. That presumption can be rebutted, so the parent gets the chance to answer it with their own evidence.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "deference by the court, the parent's decision shall not be conclusive when failure to"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "rebuttable presumption"

What a Visitation Order Can Include

If visitation is granted, it can't interfere with the child's school or regularly scheduled extracurricular activities. It also can't be less than 24 hours in any one-month period. When more than one family member asks for time, the court divides it, with at least 24 hours a month in total. Whether or not visitation is awarded, the court can also order the custodial parent to let you know about public events the child performs in, like concerts, recitals, graduations, and games.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "child's school or regularly scheduled extracurricular activities"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "Visitation time awarded to a family member shall not be less than 24 hours in any"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "musical concerts, graduations, recitals, and sporting events or games"

When a Parent Has Died, Is Incapacitated, or Is Incarcerated

Georgia has a separate rule for the hardest situations. If one of the child's parents dies, is incapacitated, or is incarcerated, the court may award that parent's own parent reasonable visitation during the child's minority.

The standard is the same: clear and convincing evidence that the child would be harmed without visitation, and that visitation is in the child's best interests. The custodial parent's judgment gets deference but isn't conclusive. The court looks at the same kinds of history (living together, financial support, regular visits or child care), measured from before the death, incapacity, or incarceration.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "clear and convincing evidence that the health or welfare of the child would be harmed"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "be given deference by the court but shall not be conclusive"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "the death, incapacitation, or incarceration of the child's parent"

Changing an Existing Visitation Order: What SB 245 Did

In 2025, Georgia passed Senate Bill 245. The Governor signed it on May 13, 2025, as Act 186, and it took effect July 1, 2025. It amended O.C.G.A. § 19-7-3, and its focus is visitation orders that already exist.

Source: SB 245 status page (Georgia General Assembly) Ctrl+F: "Act 186"

Source: SB 245 status page (Georgia General Assembly) Ctrl+F: "07/01/2025"

Source: SB 245 status page (Georgia General Assembly) Ctrl+F: "Date Signed by Governor"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "To amend Code Section 19-7-3"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "revocation or amendment of grandparent visitation rights in cases where the parent of a"

What Changed

Before SB 245, once a court granted grandparent visitation, the child's legal custodian, guardian of the person, or parent could ask the court to revoke or change it for good cause, no more than once in any two-year period. That part of the law is still in place.

SB 245 added a new sentence for grandparents who were awarded visitation under the rule for a parent who died, became incapacitated, or was incarcerated. It lets those grandparents petition the court themselves to revoke or amend their visitation for good cause. The judge decides in their discretion, and the same once-every-two-years limit applies.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "have been granted to any grandparent, the legal custodian, guardian of the person, or"

Source: O.C.G.A. § 19-7-3, pre-2025 text (FindLaw) Ctrl+F: "guardian of the person, or parent of the child may petition the court for revocation"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "deceased, incapacitated, or incarcerated parent of the minor child, such parent may"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "petition the court for revocation or amendment of such visitation rights for good cause"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "a petition shall not be filed more than once during any two-year period"

How to Ask the Court for a Change

Knowing the law changed is one thing. Getting an order changed is a separate process, and it runs back through the court.

• Check who the statute names. It lists the child's parent, legal custodian, or guardian of the person, and, since SB 245, grandparents whose visitation was granted under the rule for a parent who died, became incapacitated, or was incarcerated.

• Start with the order you already have. Read exactly what it says about visitation, since that's what you'd be asking the court to change.

• Show good cause. The statute doesn't define it, so be ready to explain why there's good cause for the change.

• Count the dates. A petition to revoke or amend can't be filed more than once in any two-year period, so the timing of your filing matters.

If you're not sure your situation fits what the statute now allows, bring us the order and we can review it with you in a consultation. For the general difference between changing a visitation schedule and changing custody, see our post on modifying visitation vs. modifying custody, and if it's a custody order that needs to change, start with our custody modification page.

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "petition the court for revocation or amendment of such visitation rights for good cause"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "a petition shall not be filed more than once during any two-year period"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "have been granted to any grandparent, the legal custodian, guardian of the person, or"

Source: SB 245 as signed (Office of the Governor) Ctrl+F: "deceased, incapacitated, or incarcerated parent of the minor child, such parent may"

Source: /practice-areas/grandparents--rights Ctrl+F: "We will review your documents, explain your options"

Can Grandparents Get Custody in Georgia?

In some cases, yes, though it's rare. Georgia law lets a court award custody to a grandparent, or to certain other relatives, when that's in the child's best interest and will best promote the child's welfare and happiness. But the law starts with a rebuttable presumption that the child belongs with the parent.

Overcoming that presumption takes persuasive evidence, and the outcome depends heavily on the facts, including how long you've cared for the child and how strong the child's bond with you is. Our child custody attorneys can walk you through how that applies to your family, and our post on what judges look for in child custody cases covers the best-interest standard in more depth.

Source: O.C.G.A. § 19-7-1 (FindLaw) Ctrl+F: "limited to grandparent, great-grandparent, aunt, uncle"

Source: O.C.G.A. § 19-7-1 (FindLaw) Ctrl+F: "will best promote their welfare and happiness"

Source: O.C.G.A. § 19-7-1 (FindLaw) Ctrl+F: "There shall be a rebuttable presumption that it is in the best interest of the child"

Source: /practice-areas/grandparents--rights Ctrl+F: "In rare cases, a grandparent or other third party may obtain custody"

Source: /practice-areas/grandparents--rights Ctrl+F: "Overcoming that presumption requires persuasive evidence"

Source: /practice-areas/grandparents--rights Ctrl+F: "Results depend heavily on the facts, including the length of caregiving"

Source: /practice-areas/grandparents--rights Ctrl+F: "third-party custody matters throughout Atlanta"

Equitable Caregiver Status

A separate Georgia law lets a court recognize someone who has truly acted as a child's parent as an "equitable caregiver." To get there, the court has to find by clear and convincing evidence that you took on a permanent, unequivocal, committed, and responsible parental role, consistently cared for the child, built a bonded and dependent relationship that a parent fostered or supported, with you and the parent both treating you as a parent, and accepted full and permanent parental responsibilities without expecting to be paid. You also have to show the child would suffer physical harm or long-term emotional harm, and that continuing the relationship is in the child's best interest. You can't start an equitable caregiver case when the parents aren't separated and the child lives with both of them, while DFCS has an open case involving the child or a parent, or when your relationship with the child came about through certain juvenile court proceedings. For a grandparent who has been the child's parent in every practical sense, it may still be worth a look.

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "The court may adjudicate an individual to be an equitable caregiver"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "In order to establish standing, the court shall first find, by clear and convincing"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "permanent, unequivocal, committed, and responsible parental role"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "without expectation of financial compensation"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "will suffer physical harm or long-term emotional harm"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "Established a bonded and dependent relationship with the child"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "has an open child welfare and youth services case"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "whose relationship with the child was established as a result of a proceeding"

Source: O.C.G.A. § 19-7-3.1 (FindLaw) Ctrl+F: "when both parents of the minor child are not separated"

Caring for a Grandchild Without a Custody Case

Not every family needs a custody fight. When a parent agrees that you should be caring for the child, Georgia offers two simpler tools.

Temporary Guardianship

If the child is living with you, you can ask the probate court to name you temporary guardian. You need physical custody of the child, and you generally file in the probate court of the county where you live. If the parents sign notarized written consents and attach them to the petition, the court generally grants it without a hearing.

It works best with the parents on board. If a parent who is the child's natural guardian objects in time to the guardianship itself, the court has to dismiss your petition. If they only object to you being the guardian, the judge holds a hearing to decide who serves. Later, either natural guardian can ask the court to end the guardianship at any time. You'll get notice. If you don't object within ten days, the court ends the guardianship. If you do object in time, the court can hear your objection or send the case to juvenile court to decide what's best for the child. Our guardianship attorneys can help you decide whether this is the right fit.

Source: O.C.G.A. § 29-2-5 (FindLaw) Ctrl+F: "may be filed by an individual who has physical custody of the minor"

Source: O.C.G.A. § 29-2-5 (FindLaw) Ctrl+F: "probate court of the county of domicile of the petitioner"

Source: O.C.G.A. § 29-2-6 (FindLaw) Ctrl+F: "as evidenced by notarized written consents attached to the petition"

Source: O.C.G.A. § 29-2-6 (FindLaw) Ctrl+F: "the court shall dismiss the petition"

Source: O.C.G.A. § 29-2-6 (FindLaw) Ctrl+F: "the court shall hold a hearing to determine who shall serve as temporary guardian"

Source: O.C.G.A. § 29-2-8 (FindLaw) Ctrl+F: "Either natural guardian of the minor may at any time petition the court to terminate"

Source: O.C.G.A. § 29-2-8 (FindLaw) Ctrl+F: "If the temporary guardian objects to the termination of the temporary guardianship within ten days"

Source: O.C.G.A. § 29-2-8 (FindLaw) Ctrl+F: "the court shall order the termination of the temporary guardianship"

Source: /practice-areas/guardianship Ctrl+F: "Reviewing your situation to identify the right type of guardianship arrangement"

Power of Attorney for the Care of a Minor Child

This one doesn't require going to court. If you're an adult living in Georgia, a parent can sign a power of attorney that gives you caregiving authority over the child for up to one year, with limited exceptions. While it's in place, you generally have the same rights and duties the parent would, unless the document limits them. Among other things, a parent can't hand over the power to consent to the child's marriage or adoption.

A few details matter. If a divorce or custody case is pending, the power of attorney is void unless both parties sign or agree to it (when both have custodial rights), or the court approves it. Signing one isn't, on its own, evidence that a parent abandoned or neglected the child. And if the state is already collecting child support for the child, it can redirect those payments to you while the power of attorney is in effect.

Source: O.C.G.A. § 19-9-122 (FindLaw) Ctrl+F: "A parent of a child may delegate caregiving authority"

Source: O.C.G.A. § 19-9-122 (FindLaw) Ctrl+F: "for a period not to exceed one year"

Source: O.C.G.A. § 19-9-122 (FindLaw) Ctrl+F: "who resides in this state"

Source: O.C.G.A. § 19-9-124 (FindLaw) Ctrl+F: "may be delegated without the approval of a court"

Source: O.C.G.A. § 19-9-124 (FindLaw) Ctrl+F: "except the power to consent to the marriage or adoption of such child"

Source: O.C.G.A. § 19-9-124 (FindLaw) Ctrl+F: "the direction of a parent of a child as expressed in the power of attorney"

Source: O.C.G.A. § 19-9-124 (FindLaw) Ctrl+F: "an agent shall have the same rights, duties, and responsibilities"

Source: O.C.G.A. § 19-9-124 (FindLaw) Ctrl+F: "shall be void ab initio unless executed or agreed upon by both parties"

Source: O.C.G.A. § 19-9-124 (FindLaw) Ctrl+F: "redirect support payments to the agent"

Source: O.C.G.A. § 19-9-126 (FindLaw) Ctrl+F: "not constitute abandonment, abuse, neglect, or any indication of unfitness"

Mediation and the Hearing

Georgia's process leaves room to settle things without a contested hearing. If the court finds you can bear the cost without unreasonable financial hardship, it may appoint a guardian ad litem for the child and send the visitation question to mediation, at your expense as the person who filed. If the court doesn't order mediation, or mediation doesn't produce an agreement, the judge sets a hearing.

Many cases resolve through a negotiated visitation plan. Learn more about our family law mediation services, or read our comparison of mediation vs. going to court.

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "at the sole expense of the petitioning family member"

Source: O.C.G.A. § 19-7-3 (FindLaw) Ctrl+F: "the court shall fix a time for the hearing"

Source: /practice-areas/grandparents--rights Ctrl+F: "Many cases resolve through negotiated visitation or placement plans"

Talk With an Atlanta Grandparents' Rights Attorney

Grandparent cases sit right where love, grief, and family loyalty run into the law. You don't have to sort out which of these options fits on your own. The Fairell Firm has served clients since 2011 and handles custody, visitation, and guardianship matters for families across metro Atlanta. We'll explain what the law allows in plain language and set realistic expectations.

Your first step is a confidential consultation where we review your facts and documents, outline practical next steps, and explain what evidence matters most. Contact us to get started.

This article is general information, not legal advice. Every family's situation is different.

Source: Homepage Ctrl+F: "Since 2011, we have maintained a high standard"

Source: /practice-areas/guardianship Ctrl+F: "handles guardianship matters for families across Metro Atlanta"

Source: /practice-areas/grandparents--rights Ctrl+F: "third-party custody matters throughout Atlanta"

Source: /practice-areas/visitation-rights Ctrl+F: "helps Atlanta-area parents and grandparents establish, enforce, and modify"

Source: /practice-areas/grandparents--rights Ctrl+F: "We will review your documents"

Source: /practice-areas/grandparents--rights Ctrl+F: "Your first step is a confidential consultation"

Source: /practice-areas/grandparents--rights Ctrl+F: "explain what the law allows in plain language, set realistic expectations"