I want to know if I can see the twins so many times a month. My daughter in law and son divorced and now she plays games with me on getting to visit with them and won't let me take them to the park or anywhere anymore.
Grandparents face an uphill battle in pursuing visitation rights to grandchildren in Georgia.
In 1995 Brooks v. Parkerson, the Georgia Supreme Court found that Georgia's statute for grandparent visitation was unconstitutional. The Georgia court ruled that "the 'best interest of the child' standard does not come into play to permit interference with the custody and control of the child, over parental objection, unless and until there is a showing of harm to the child without that interference."
In 2012 this may have changed a bit, when Georgia passed a new grandparent visitation statute, which in part says:
""any grandparent... shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's
blood relative or by a stepparent, notwithstanding the provisions of Code Section 27 19-8-19. This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents. Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where, prior to the original action or intervention:
(A) The minor child resided with the grandparent for six months or more;
(B) The grandparent 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 grandparent 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.
The court shall make specific written findings of fact in support of its rulings. There shall be no presumption in favor of visitation by any grandparent. An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. While a parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. In no case shall the granting of visitation rights to a grandparent interfere with a child's school..."
Call me with details at 404-768-3509 and mention your post and I can discuss details.
Unless otherwised ordered by the court, there are no grand parents rights in Georgia.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616
Like my colleague indicated, getting visitation rights will be an uphill battle. If the divorce is pretty new, it may be a better of letting emotions subside and acclimating to the new schedule that both she and your son find themselves on. Is your son bringing them to visit with you? If he is not, perhaps you can discuss this with him first before filing an action.