Legal Question in Family Law in Georgia

Our daughters best interest

My wife and I have a daughter and son, 3 and 3 months. Our 3 year old has been with my wife all of her life and with me for the past year and a half. Her biological father has played a limited role in her life. Since my wife and I have been married her grandparents are under the impression that they will not see her, which is not the case. Our daugther sees them about 3 to 5 days a month. They feel that that is not enough, we usually let them see her when they ask but when we tell them no they feel we'retrying to keep her from them. Now they are trying to force their son to get joint custody of her. He pays no child support and he never asks for her it is always the grandparents who want her not him. My wife and I would like to know what we can do to stop him from getting custody for his parents. Wehave explained to her grandparents that she has a new family and that she couldn't go with them everytime they feel they want her. What can we do to avoid having to go to court. Or what do we need to do to preparefor court.


Asked on 3/03/98, 2:53 pm

1 Answer from Attorneys

Byron Sanford Briskin, Cross & Sanford, LLC

Joint Costody vs. visitation

There is nothing, legally speaking, that can be done to prevent the child's father from going to court to ask for a modification of either custody or visition. It should be noted that just because the child's father may have joint coustody of the child, this may not have any direct effect on whether or not he is granted wider vistation rights. Furthermore, even if the child's father were grated both joint legal custody and more liberal visitation for himself, this does not give any greater rights to the grandparents under Georgia law. Georgia does not grant to gradparents any rights regarding visitation.

Be aware, however, that certain factual situations may yield different results under the law. The above informationis based soley on the information which you provided above.

If you have any further questions, please feel free to contact me.

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Answered on 4/02/98, 12:46 pm


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