Visitation for My Child's Paternal Grandparents

[bethlynn]

What is the name of your state? Georgia

My child's father recently joined the Army. His parents now seek visitation with my daughter while he is gone. I would prefer that any such visitation with them be supervised (i.e., I am willing to meet them in the park or something so they can visit with my child) for various reasons. I have been trying to research Georgia law on this subject and the law appears to be in my favor. If I am reading it correctly, grandparents may petition the courts for visitation rights, but that visitation should be granted only in cases where it is proven that NOT granting said visitation would be harmful to the child "by clear and convincing evidence." I believe our situation is not extreme enough for visitation to be granted. My daughter has been seeing her paternal grandparents intermittently and irregularly (with long periods of no contact) for her entire life (she's 4 yrs. old). There is very little relationship with them to salvage by visitation. Does anyone have any insight on this matter? I would like to know if the statutes in Georgia are actually applied in the manner that they are written by the Georgia legislature. Thanks for your help!

 

[Bluemonkey]

What is the name of your state? Georgia

My child's father recently joined the Army. His parents now seek visitation with my daughter while he is gone. I would prefer that any such visitation with them be supervised (i.e., I am willing to meet them in the park or something so they can visit with my child) for various reasons. I have been trying to research Georgia law on this subject and the law appears to be in my favor. If I am reading it correctly, grandparents may petition the courts for visitation rights, but that visitation should be granted only in cases where it is proven that NOT granting said visitation would be harmful to the child "by clear and convincing evidence." I believe our situation is not extreme enough for visitation to be granted. My daughter has been seeing her paternal grandparents intermittently and irregularly (with long periods of no contact) for her entire life (she's 4 yrs. old). There is very little relationship with them to salvage by visitation. Does anyone have any insight on this matter? I would like to know if the statutes in Georgia are actually applied in the manner that they are written by the Georgia legislature. Thanks for your help!

Are any of the laws applied by the court as they are written? Rarely.
You are correct about the statute and yes parents have won their cases on it as written, but it won't just be dismissed. The law gives these people the right to file suit and attempt to prove their case. You in turn have to prove yours. It will take awhile to go through the process.

Have they actually filed suit, or are you worried they are going to?

Blue

 

[bethlynn]

They have not filed suit as of yet, but I am certain they will within a month or so. I just told his parents where I stand on the issue of visitation (wanting it to be supervised with them) and they will most likely at least consult an attorney. Thank you for your help!

 

[LdiJ]

They have not filed suit as of yet, but I am certain they will within a month or so. I just told his parents where I stand on the issue of visitation (wanting it to be supervised with them) and they will most likely at least consult an attorney. Thank you for your help!

Case law in GA does favor the parents. Hopefully any attorney that they contact with advise them of that.....particularly since you are not denying them contact with the child.