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# Experienced Gwinnett County, GA Grandparents’ Rights Lawyer
Does a grandparent have child custody or visitation rights in Georgia? They do under the right circumstances. Let’s look at grandparents’ rights under Georgia law.
**Talk today to skilled Family Law Attorney Ms. Sharon Jackson at (678) 921-3480**
## How Can I Get Grandparent Visitation Rights in Georgia?
!Grandparents in Georgia may request visitation rights with their grandchildren through the courts. To do this, they can either file a petition on their own when they see fit, or “intervene” with a petition when the question of child custody arises in court (such as during the parents’ divorce, or when either parent’s parental rights are terminated).
Either way, there are limitations to a grandparent’s filing for visitation:
* A grandparent cannot seek visitation if the grandchild lives with both parents who are not separated. (This includes adoptive parents.)
* A grandparent is allowed to file for visitation only once every two years.
Additionally, grandparents must meet a higher standard for visitation than if a parent were to seek it. In any legal issue involving a child, the family court always aims for the child’s best interests. It is generally presumed that staying with parents is aligned with this “best interests” standard, unless unique circumstances dictate otherwise. Thus, a third-party adult such as a grandparent would need to be more persuasive in court if they seek visitation rights.
Specifically, Georgia law requires visitation-seeking grandparents to establish that “the health or welfare of the child would be harmed unless such visitation is granted.” In other words, not only does the grandparent need to establish that their visitation is in the child’s best interests, they also have to show that denying grandparent visitation would be harmful to the child.
The court may decide that denial of grandparent visitation would indeed be detrimental to the child if any of these factors exist:
* The child resided with the grandparent for at least six months.
* The grandparent provided financial support for the child’s basic needs for at least one year.
* The grandparent had an established pattern of regular visitation or providing child care.
* There is a circumstance that indicates physical or emotional harm would occur to the child if visitation was denied.
## How Do I get Custody of My Grandchild in Georgia?
Similarly, Georgia grandparents have the right to seek custody of their grandchild. However, this can be extremely difficult to win. Again, there is a general presumption that the child’s best interests involve staying with their own parent or parents. A grandparent seeking child custody must successfully rebut this presumption.
The Official Code of Georgia Annotated (OCGA) simply states that “this presumption may be overcome by a showing that an award of custody to such third party is in the best interest of the child or children.”
In practice, the family court judge will look at many factors surrounding the custody petition, including:
* The fitness of both parents to care for the child
* The child’s relationship with the grandparent
* The availability of other appropriate caregivers for the child, as the state does not give preference to grandparents over any other third-party adult seeking child custody
* The child’s physical and emotional health
* The child’s own wishes, if they are deemed old enough.
It is crucial for the grandparent to show strong evidence and convincingly argue their case in court. Having an experienced lawyer may be indispensable in this regard.
## How do I get legal guardianship of my grandchild in GA?
Guardianship is a temporary, revocable authority to make decisions for a minor child and act as their legal representative. A legal guardian can, for instance, decide on the minor’s education and healthcare, their IDs and licenses, and their insurance.
Some parents specifically appoint a guardian for their child in the event that they become incapacitated. But there are also many cases where a third party such as a grandparent voluntary steps in, petitioning to be a legal guardian in order to protect the child. Common situations include abuse or neglect of the child, or a difficult family situation that is damaging to the child’s development.
After a grandparent has filed their petition for guardianship, the parents of the child can either consent to it voluntarily or attend a hearing in which a judge decides on the petition. It is also possible that other relatives such as aunts or uncles request to become the child’s legal guardian. In this contested guardianship case, it is vital for the petitioning grandparent to be represented by an attorney.
Legal guardianship automatically ends when the child turns 18, gets adopted, gets married, joins the military, is legally emancipated, or dies before turning 18. In a case where the parents voluntarily consented to the guardianship, they can also request the court to revoke the arrangement if their situation has improved.
## Contact Sharon Jackson Today
Navigating the laws on grandparents’ rights can be challenging, not in the least because of the delicate family dynamics around grandparents. As a grandmother or grandfather, your lawyer has to be both experienced with the law and skilled in handling family relationships. Attorney Sharon Jackson is exceptional in dealing with the nuances of family situations, making her an effective ally of Gwinnett County residents in family court.
Talk to Ms. Jackson if you are a grandparent hoping to establish your legal rights with your grandchild. Call today at (678) 921-3480.
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Serving clients throughout the metro Atlanta areas of Georgia and the following counties: Barrow County, Clarke County, Clayton County, Cobb County, DeKalb County, Forsyth County, Gwinnett County, , Fulton County, Henry County, Jackson County, Newton County, Paulding County, Rockdale County, Walton County and beyond. Serving clients in the following cities: Auburn, Berkley Lake, Bethlehem, Braselton, Buford, Carl, Commerce, Conyers, Covington, Cumming, Dacula, , , , Grayson, Hoschton, Jefferson, , Lilburn, Loganville, Maysville, Nicolson, , , , Pendergrass, , Statham, Stone Mountain, Tucker, , , Winder and beyond.
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# Experienced Gwinnett County, GA Contempt & Enforcement Lawyer
!Contempt and enforcement proceedings may be needed when a former spouse does not obey the court’s orders on child custody, child support, alimony, or other divorce matters. Legal mechanisms exist to have your ex-spouse or ex-partner comply with court orders. A Family Law attorney can assist and advocate for you with any needed proceeding.
Conversely, if you are at risk of having contempt and enforcement used against you, you must protect yourself with a competent lawyer as well.
**Call Family Law attorney Sharon Jackson today at (678) 921-3480**
Here is an overview of what contempt and enforcement can do under Georgia law.
## How do You Enforce a Divorce Decree in Georgia?
In legal terms, “contempt” is an action that disregards, disobeys, or disrespects the court. If the Family Court has given an order on any divorce issue such as spousal support (alimony), child support, child custody, or division of property, a non-compliance of this order may be considered contempt. A person can request contempt proceedings to have the other party deemed to be “in contempt of the court.”
“Enforcement” is a mechanism by which the court ensures that its orders are obeyed. For instance, if a custodial parent finds that their ex-spouse has missed multiple child support payments, the custodial parent may request the court to “enforce” those payments. The court could then order income deduction from parent’s wages to pay for the child support they owe. There are other means of enforcement, discussed further below.
## What is a Petition for Contempt in Georgia?
If you need the court to enforce a Georgia divorce order, you must first file a “Motion for Contempt” against the other party. Your motion should be filed with the court that gave the original order. A hearing will be set, and you must be prepared to establish the following elements:
* That you are the proper party to bring the contempt action (that is, you are the former spouse or parent owed the support)
* That the other party has failed to comply with the court order
* That the other party’s non-compliance was willful – they had the means to fulfil their obligation but chose not to.
Note that contempt proceedings do not only apply to missed child support or spousal support payments, but also to other divorce issues as well. These include child custody, parenting time (visitation), property division, business division, and more.
For parents who are seeking payment of child support arrears, another way to collect is to approach the Georgia Department of Human Resources, Division of Child Support Services (DCSS). They can enforce the support order via various methods such as withholding the paying parent’s paycheck. However, in some cases, the DCSS eventually decides that filing a contempt action in court is the best way to get the support order enforced.
## What Are The Consequences of Being in Contempt of Court in Georgia?
Contempt in Georgia is considered a quasi-criminal offense, which means it may or may not lead to criminal consequences. Depending on the severity of the offense, the court may simply conclude with the enforcement of the original order, or it can impose further penalties such as fines or even jail time. The penalties are primarily up to the judge’s discretion.
This is why for individuals who are being threatened with a contempt action, it is wise to prepare a solid defense with a lawyer who is adept at Family Law. You must also take initiative early on to prevent getting in trouble with divorce orders. For example, if you find that the court’s child support order is too hefty for you to maintain, seek an order modification as soon as you can. A Family Law attorney can help you with this, too.
## How do you Enforce Child Support in Georgia?
When it comes to child support orders, the DCSS or the court has these means of enforcement:
* Withholding the offending parent’s wages or unemployment benefits until they fulfil their obligations
* Intercepting state or federal income tax refunds to pay child support arrears
* Garnishing worker's compensation benefits (garnishment is an arrangement with the court and an employer to directly take part of a parent’s paycheck and use it to pay their support obligation)
* Suspending or revoking the offending parent’s driving license or professional/occupational license
* Filing liens and levies on tangible property
* Adding a parole condition of complying with child support orders.
If you need the enforcement of your Georgia divorce order, or if you have to defend yourself against a contempt action, entrust your case to a lawyer who is experienced in these complicated cases. Attorney Sharon Jackson has been helping individuals in Gwinnett County and beyond, strategically navigating Family Law for the most favorable outcomes for her clients.
Talk to Ms. Jackson about your family legal issue. Call today at (678) 921-3480.