Legal Question in Family Law in Georgia

How can I get Grandparents right? My Grandkids lives in Columbus,Ga.with the Mother.My son has Visitation rights.For the last 10 yrs my grands have been coming to Penna. for the summer.This summer my son got them and he refuse to let us see them and vow to stop us from see them..My question is,Can he get the cops to remove the grandkids from my home even though we have the permission from the mother who has Primary Custody..She always let us have the kids .We just want to see them if not for the summer ,maybe a couple of weeks for the summer without having to worry about my son, Will Grandparent rights help my cause

Asked on 7/19/13, 12:48 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

In order to gain visitation rights by court order for a grandchild, the grandparents must show that the lack of such visitation will affect the child's well being, a very hard standard to meet. However, if the custodial parent gives you permission to have them for a time, and it does not interfere with the visitation of the non-custodial parent, the non-custodial parent's actions in taking them from your home would be a violation of the custodial parents custody. The problem you are going to have it for this to be enforced in another state. Therefore, if the custodial parent lets you have the child with them, and there is nothing in the custody order preventing this, then have the custodial parent sign something in the presence of a notary stating that they have given you permission to have the children during that specific time. If the non-custodial parent shows up, you can call the police and show the letter and a copy of the custody order, and that should prevent the non-custodial parent from being able to take the children.

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Answered on 7/23/13, 8:27 am

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