Gwinnett County Grandparents' Rights Attorneys

Often it is necessary for grandparents or other third parties to seek guardianship to meet the needs of children when the parents are not able or willing to meet the needs of their children.

This can be accomplished by several methods which include filing for temporary letters of guardianship, grandparents' visitation, deprivation petitions, or third-party custody actions. Depending on which type of action is appropriate, these actions may have to be filed in the Probate Court, Juvenile Court or Superior Court.

Contact our Lawrenceville law office at (770) 285-1673 to work with a Gwinnett County grandparents' rights lawyer.

Understanding Grandparent's Rights in Gwinnett County

As a grandparent, you have the right to seek visitation or custody of your grandchildren in certain circumstances. Our experienced Gwinnett County grandparents' rights attorneys can help you navigate the legal process and fight for your rights to maintain a relationship with your grandchildren.

Common situations where grandparents may seek legal intervention include:

• Parental divorce or separation
• Death of a parent
• Parental incarceration or substance abuse
• Child abuse or neglect

Factors Considered by the Court in Grandparents' Rights Cases

Georgia courts place significant importance on the child’s well-being and best interests when deciding whether grandparents’ rights should be granted. Some of the key factors that will influence a court’s decision include:

• The Relationship Between the Grandparent and the Child: Courts will consider the relationship that the grandparent has with the child. If the grandparent has had a meaningful relationship with the child prior to seeking custody or visitation, this may work in the grandparent’s favor.
• Parental Objections: Parents typically have the legal right to control who has access to their children. If both parents oppose grandparent visitation or custody, it can be more difficult for a grandparent to succeed in a petition. The court will carefully weigh the reasons for the parental objections.
• The Child’s Best Interest: Above all, the court will focus on the child’s best interest. A judge will consider the child’s emotional and physical needs and whether the grandparent’s presence in the child’s life serves those needs.
• The Ability of the Parents to Care for the Child: If the parents are deemed unfit, the court will look at the grandparent’s ability to care for the child. In some cases, grandparents may be considered the better option for providing stability and care.

The Process for Seeking Grandparents’ Rights in Georgia

Seeking grandparents’ rights in Georgia involves several key legal steps, including filing a petition with the court. If you are seeking visitation or custody, here are the general steps you will need to take:

1. File a Petition for Visitation or Custody: The first step is filing a petition with the family court. This petition must outline your relationship with the child, the grounds for requesting visitation or custody, and why such an arrangement would serve the child’s best interest.
2. Serve the Petition to the Parents: After filing the petition, the parents (or custodial parent) must be notified of the request. This is typically done by formal service of process. If both parents agree to the grandparents' visitation or custody request, the process can move more quickly.
3. Gather Evidence: To support your case, it is important to gather evidence that demonstrates your close relationship with the child and why visitation or custody is in the child’s best interest. Evidence may include photographs, witness statements, and documentation of any prior care provided to the child.
4. Attend Mediation (if applicable): In some cases, mediation may be required before proceeding to a court hearing. Mediation is a process where both parties (the grandparents and parents) meet with a neutral third party to try to resolve the issue without going to trial. If mediation is successful, the court will issue an order based on the agreement.
5. Court Hearing: If mediation does not resolve the matter, the case will go to trial, where both parties will present their evidence and arguments. The judge will review the facts, consider the child’s best interests, and issue a ruling.

When Should You Seek Legal Assistance?

Grandparents’ rights cases can be complex, particularly when a parent contests the request for visitation or custody. The stakes are high when it comes to maintaining a relationship with your grandchildren, and it is crucial to have knowledgeable legal representation to help you navigate the process.

If you are considering seeking grandparents' rights in Gwinnett County, it’s important to consult with an experienced attorney to ensure you understand your legal rights and the best course of action for your situation. A Gwinnett County grandparents' rights attorney will help you build a strong case, gather necessary evidence, and represent your interests in court.

Contact Daniels & Taylor, P.C. for Assistance with Grandparents’ Rights

It's important to understand your legal rights as a grandparent and take action to protect your relationship with your grandchildren. Contact our law firm today to discuss your case and explore your options for seeking visitation or custody rights.

The attorneys at Daniels & Taylor, P.C., have the knowledge and experience to evaluate your circumstances, recommend which action is appropriate, and take the steps necessary to protect the children you love immediately.

From our office in Lawrenceville, our lawyers represent clients in communities throughout Gwinnett County, Georgia. Call us at (770) 285-1673 or contact us by email to arrange a consultation with one of our experienced Lawrenceville grandparents' rights attorneys today.

Helpful Resources

• Gwinnett County Official Website
• State Bar of Georgia - Grandparents' Rights