My Cousin Danny
Grand Parents Rights
Grandparent and Family Member Visitation
There are many times when grandparents (or other family members) are being kept out of a child’s life by the child’s parents. Sometimes a grandparent will raise a child while a parent is incarcerated, under the spell of alcohol or drug addiction or keeping a grandchild while the parents are having housing issues. Often the grandparents and parents will disagree on something and the parents will remove the children from the grandparent’s lives in retribution. Another common scenario is when a parent dies and the remaining parent is not letting the parents of the deceased parent see the children. My Cousin Danny can help in situations like these, or in any instance when a grandparent is being denied a relationship with grandchildren.
In Georgia, O.C.G.A §19-7-3 is the primary Statute that deals with grandparent visitation. The Statute covers grandparents or other family members for visitation rights or to intervene in certain cases. The Statute also addresses revocation or amendment of visitation rights.
The Statue provides a mechanism for “Family members” to have visitation with minor children. A Family member is a grandparent, great-grandparent, or sibling.
“Grandparent” means the parent of a parent of a minor child, the parent of a minor child’s parent who has died, and the parent of a minor child’s parent whose parental rights have been terminated.
“Great-grandparent” means the parent of the parent of a parent of a minor child, the parent of the parent of a minor child’s parent who has died, and the parent of the parent of a minor child’s parent whose parental rights have been terminated.
“Sibling” means the brother or sister of a parent of a minor child, the brother or sister of a minor child’s parent who has died, and the brother or sister of a minor child’s parent whose parental rights have been terminated.
Any of the above-mentioned family members are able to initiate an action or intervene in an existing case regarding visitation, custody of the minor child, a divorce of the parents or a parent of the minor child, a termination of the parental rights of either parent to the minor child, or visitation rights to the minor child when there has been an adoption by the child’s blood relative or by a stepparent. A grandparent cannot initiate an original action when the parents of the minor child are not separated and the child is living with both parents.
While an adoption by persons not related to a child may terminate visitation rights to family members are not affected when it is a step-parent who adopts the child. While O.C.G.A. § 19-8-19 provides for the termination of all legal relationships between an adopted child and his or her relatives; O.C.G.A. § 19-7-3(b) states that grandparents’ rights are not affected by an adoption by a stepparent. Lightfoot v. Hollins, 308 Ga. App. 538, 707 S.E.2d 491 (2011), Kunz v. Bailey, 290 Ga. 361, 720 S.E.2d 634 (2012).
Let My Cousin Danny show the court, by clear and convincing evidence, that the health or welfare of the child would be harmed unless visitation is granted and how the best interests of the child would be served by such visitation. Let My Cousin Danny argue how the welfare of the child would be harmed unless visitation is granted and how the best interests of the child would be served by such visitation. Some of the factors to be considered by the Court include:
(a) The minor child resided with the family member for six months or more;
(b) The family member provided financial support for the basic needs of the child for at least one year;
(c) There was an established pattern of regular visitation or child care by the family member with the child; or
(d) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted.
Let My Cousin Danny help you see your grandchild in Cobb County, DeKalb County, Gwinnett County, and Fulton County. 470-275-1500
Common Legal Questions
How do I file for divorce?
A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.
How long before I get my license back?
It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you. As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years. Call to discuss the specifics of your case.
What Can i drive with a DUI?
Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.
Can I get 50/50 Custody?
In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with. Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children. However, it is possible to have 50/50 joint legal and physical custody.
How much does a divorce cost?
There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce. Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues. High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets. Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.
Can i leave the state with my kids?
A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement. Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.
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