Most custody battles only involve biological parents. However, grandparents can sometimes get involved when there are complex family dynamics at play.
When both parents’ capacity to care for their children is brought into question, grandparents can find themselves stepping in to help ensure the welfare of their grandchildren. Biological parents typically have the primary legal right to custody. However, circumstances can arise where grandparents can be granted custody.
The legal framework for grandparental custody
According to Georgia law, parents are presumed to act in their children’s best interests. However, this presumption can be challenged if both parents demonstrate characteristics that render them unfit to provide their children with a safe home.
Under the Official Code of Georgia § 19-7-1, grandparents may petition for custody if they can demonstrate that both biological parents are unfit due to substance abuse, incarceration, chronic mental health issues or a history of child abuse. Grandparents must also demonstrate to a family court that remaining with the biological parents would be detrimental to the child physically, emotionally, or psychologically.
There must also be sufficient evidence that staying with the grandparents is in the best interest of the child. Courts need to examine whether living with the grandparents would provide stability, safety and care for the child that the parents cannot offer. Grandparents are more likely to be granted custody if they have an established, close bond with their grandchild.
It is quite common for grandparents to get custody of a child if one or both parents pass away. In cases where only one parent passes away, the grandparents of the child may be considered for custody if the remaining parent is unfit.
In other instances, one or both parents may voluntarily give up their custody rights and allow the kids to go live with their grandparents due to financial struggles, health issues, or a hostile relationship with the child.
Grandparents in Georgia can step in and petition for their grandchildren’s custody if both parents are unfit or deceased. Since the process of gaining custody can be challenging, grandparents may benefit from seeking reputable legal support that can help ensure the well-being of their grandchildren.