Grandparents May Now File an Original Action to Modify Their Visitation Rights
Per Senate Bill 245, the new law
related to O.C.G.A. § 19-7-3 ("Georgia Grandparent Visitation Statute") became
effective July 1, 2025. Specifically, certain categories of grandparents may now
file an original action to revoke or amend their visitation rights with their
grandchildren.
Grandparents' Visitation Rights in Georgia
Grandparents in Georgia do not have
any legal rights regarding their grandchildren unless and until a court grants
them such rights. Therefore, grandparents do not have any rights to visitation
with their grandchildren until and unless a court awards them such visitation
rights.
The Georgia Grandparent Visitation Statute
spells out the procedure---and limitations---regarding how grandparents may
obtain grandparent visitation rights.
Grandparents of Grandchildren Whose Parents Are Deceased, Incapacitated, or Incarcerated
One category of grandparents who may seek
and be awarded grandparent visitation rights are those whose children (i.e.,
the parents of the grandchildren) are deceased, incapacitated or incarcerated. See
generally O.C.G.A. § 19-7-3(d)(1). When
ruling on a petition for grandparent visitation filed by such grandparents, the
trial courts look at whether the health or welfare of the grandchildren would
be harmed unless such visitation is granted and consider the grandchildren's
best interests.
Can an Order Granting Grandparent Visitation Rights Be Modified?
Prior Law
A custody order between two parents may be modified, if there are grounds to do so, by filing an original modification action. However, a grandparent, prior to the new law that went into effect on July 1, 2025, could not file an original action to amend a grandparent visitation order. See generally Namdar-Yeganeh v. Namdar-Yeganeh, Case No. A23A0999, Ga.App. (2023) (reversing the trial court's denial of a parent's motion to dismiss grandparents' original action to modify existing grandparent visitation order because the statutory language under O.C.G.A. § 19-7-3(c)(2) which allows the "legal custodian, guardian of the person, or parent of the child [to] petition the court for revocation or amendment of such [grandparent visitation] rights" does not include grandparents).
However, a grandparent could file a counterclaim for modification
of grandparent visitation rights in an action filed by a parent of the grandchildren.
See generally Pate v. Sadlock, 814 S.E.2d 760 (Ga.App. 2018) (holding
that the Georgia Grandparent Visitation Statute does not limit a grandparent's
ability to counterclaim for modification of an existing grandparent visitation
order in response to an original action filed by a parent requesting
modification of the grandparent visitation order).
New Law Effective July 1, 2025
Pursuant to the recent changes to the
Georgia Grandparent Visitation Statute, a grandparent who was awarded
grandparent visitation rights pursuant to paragraph (d)(1) (i.e., where the
grandchild's parent is deceased, incapacitated or incarcerated) is now allowed
to file an original action, no more than one petition during any
two-year period, to revoke or amend such visitation rights.
If
you are a grandparent and want to see if you could revisit your grandparent
visitation order, please consult with an experienced Georgia Divorce Lawyer or
Atlanta Divorce Lawyer.