SB245: SB245 Grandparents; include within the category of persons who may seek to revoke or amend an existing grandparent visitation order

Georgia law already lets grandparents and other family members ask a court for visitation rights with a minor child, including a special rule for cases where one parent has died, is incapacitated, or is incarcerated. Under the prior law, once a grandparent won such visitation in that situation, only the legal custodian, guardian, or parent of the child could later go back to court to revoke or change the visitation order. This bill amends O.C.G.A. Section 19-7-3 so that the grandparent who was granted visitation can now also petition the court to revoke or amend that same visitation order, for good cause shown. The court still decides whether to grant or deny the request, and such a petition still cannot be filed more than once in any two year period. The bill keeps the existing requirement that the grandparent prove by clear and convincing evidence that denying visitation would harm the child's health or welfare and that visitation serves the child's best interests.

• Adds grandparents who were granted visitation under the deceased, incapacitated, or incarcerated parent provision to the list of people who can ask a court to revoke or amend that visitation order.
• Keeps the existing two year limit on how often a petition to revoke or amend such visitation can be filed.
• Preserves the requirement that courts make specific written findings of fact when granting family member visitation.
• Leaves in place the clear and convincing evidence standard requiring proof that lack of visitation would harm the child's health or welfare.

Grandparents who have already been awarded court-ordered visitation with a grandchild after the child's parent died, became incapacitated, or was incarcerated; custodial parents and guardians involved in these visitation disputes; and Georgia courts handling family visitation cases.

Grandparents who previously had no direct way to modify or end a visitation arrangement they obtained will now be able to go back to court themselves if circumstances change, rather than relying on the custodial parent or guardian to initiate that process.

• Section 1 revises subsection (c) of O.C.G.A. Section 19-7-3, keeping the rule that the legal custodian, guardian of the person, or parent may petition to revoke or amend general family member visitation, limited to once every two years.
• Section 1 also revises subsection (d), adding that the grandparent granted visitation under the deceased, incapacitated, or incarcerated parent provision may petition the court to revoke or amend that visitation order for good cause shown.
• Subsection (d) retains the same two year limit on filing such a petition and the clear and convincing evidence standard for the underlying visitation grant.
• Section 2 repeals all laws and parts of laws that conflict with the Act.

1. 2025-05-13Effective Date 2025-07-01
2. 2025-05-13Act 186
3. 2025-05-13Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-02Senate Agreed House Amend or Sub (Senate)
6. 2025-03-28House Passed/Adopted By Substitute (House)
7. 2025-03-28House Third Readers (House)
8. 2025-03-27House Committee Favorably Reported By Substitute (House)

• Mike Hodges (R, SD-003)Primary sponsor
• John Kennedy (R, SD-018)
• Kay Kirkpatrick (R, SD-032)
• John Albers (R, SD-056)
• Billy Hickman (R, SD-004)
• Bo Hatchett (R, SD-050)
• Rick Townsend (R, HD-179)

1. PassedSenate voteMarch 6, 2025

   56 yea, 0 nay

   Passage: Senate Vote #202

2. PassedHouse voteMarch 28, 2025

   160 yea, 1 nay (4 not voting, 15 absent)

   Passage: House Vote #335

3. PassedSenate voteApril 2, 2025

   52 yea, 0 nay (4 not voting, 0 absent)

   Agree To House Substitute: Senate Vote #413

• grandparent visitation
• family law
• child custody
• incarcerated parents