--- title: SB 245. Grandparents; include within the category of persons who may seek to revoke or amend an existing grandparent visitation order collection: bills id: 2025-2026/sb245 cite_as: SB 245, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb245 md_url: https://georgiacommons.org/bills/2025-2026/sb245.md text_url: https://georgiacommons.org/bills/2025-2026/sb245/text source_url: https://www.legis.ga.gov/legislation/70720 date: 2025-05-13 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb244.md next: https://georgiacommons.org/bills/2025-2026/sb246.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1275 omitted_url: https://georgiacommons.org/bills/2025-2026/sb245.md?full=1 bill_number: SB 245 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-05-13 last_action: Effective Date 2025-07-01 sponsors: - Mike Hodges - John Kennedy - Kay Kirkpatrick - John Albers - Billy Hickman - Bo Hatchett - Rick Townsend text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB245/2025 upstream_id: 1982164 summaries_model: claude-sonnet-5 topic_tags: - grandparent visitation - family law - child custody - incarcerated parents --- # SB 245. Grandparents; include within the category of persons who may seek to revoke or amend an existing grandparent visitation order ## Text 25 LC 57 0279S Senate Bill 245 By: Senators Hodges of the 3rd, Kennedy of the 18th, Kirkpatrick of the 32nd, Albers of the 56th, Hickman of the 4th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions1 by grandparents or other family members for visitation rights or intervention, revocation or2 amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and3 notification to family members of child's participation in even ts, so as to provide for the4 revocation or amendment of grandparent visitation rights in cas es where the parent of a5 minor child is deceased, incapacitated, or incarcerated; to pro vide for related matters; to6 repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by10 grandparents or other family members for visitation rights or i ntervention, revocation or11 amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and12 notification to family members of child's participation in even ts, is amended by revising13 subsections (c) and (d) as follows:14 "(c)(1) Upon the filing of an orig inal action or upon intervent ion in an existing15 proceeding under subsection (b) of this Code section, the court may grant any family16 S. B. 245 - 1 - 25 LC 57 0279S member of the child reasonable visitation rights if the court finds by clear and convincing17 evidence that the health or welfare of the child would be harmed unless such visitation18 is granted and if the best interests of the child would be served by such visitation. The19 mere absence of an opportunity for a child to develop a relatio nship with a family20 member shall not be considered as harming the health or welfare of the child when there21 is no substantial preexisting relationship between the child and such family member. In22 considering whether the health or welfare of the child would be harmed without such23 visitation, the court shall consider and may find that harm to the child is reasonably likely24 to result when, prior to the original action or intervention:25 (A) The minor child resided with the family member for six months or more;26 (B) The family member provided financial support for the basic needs of the child for27 at least one year;28 (C) There was an established pattern of regular visitation with the child by the family29 member or child care provided by the family member with for the child; or30 (D) Any other circumstance exists indicating that emotional or physical harm would31 be reasonably likely to result if such visitation is not granted.32 The court shall make specific written findings of fact in support of its rulings.33 (2) An original action requesting visitation rights shall not be filed by any grandparent34 more than once during any two-year period and shall not be file d during any year in35 which another custody action has been filed concerning the child. After visitation rights36 have been granted to any grandparent, the legal custodian, guar dian of the person , or37 parent of the child may petition the court for revocation or amendment of such visitation38 rights, for good cause shown, which the court, in its discretion, may grant or deny; but39 provided, however, that such a petition shall not be filed more than once in during any40 two-year period.41 (3) While a parent's decision regarding family member visitati on shall be given42 deference by the court, the parent's decision shall not be conc lusive when failure to43 S. B. 245 - 2 - 25 LC 57 0279S provide family member contact would result in emotional harm to the child. A court may44 presume that a child who is denied any contact with his or her family member or who is45 not provided some minimal opportunity for contact with his or her family member when46 there is a preexisting relationship between the child and such family member may suffer47 emotional injury that is harmful to such child's health. Such presumption shall be a48 rebuttable presumption.49 (4) In no case shall the granting of visitation rights to a family member interfere with a50 child's school or regularly scheduled extracurricular activities.51 (5) Visitation time awarded to a family member shall not be le ss than 24 hours in any52 one-month period; provided, however, that when more than one in dividual seeks53 visitation under this Code section, the court shall determine the amount of time to award54 to each petitioner which shall not be less than 24 hours in any one-month period in the55 aggregate.56 (d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if57 one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may58 award the parent of the deceased, incapacitated, or incarcerate d parent of such minor59 child reasonable visitation to such child during his or her minority if the court finds by60 clear and convincing evidence that the health or welfare of the child would be harmed61 unless such visitation is granted and if the best interests of the child would be served by62 such visitation. After such visitation rights have been grante d to any parent of the63 deceased, incapacitated, or incarcerated parent of the minor ch ild, such parent may64 petition the court for revocation or amendment of such visitati on rights for good cause65 shown, which the court, in its discretion, may grant or deny; provided, however, that such66 a petition shall not be filed more than once during any two-yea r period. T h e m e r e67 absence of an opportunity for a child to develop a relationship with a grandparent shall68 not be considered as harming the health or welfare of the child when there is no69 substantial preexisting relationship between the child and such grandparent. The70 S. B. 245 - 3 - 25 LC 57 0279S custodial parent's judgment as to the best interests of the child regarding visitation shall71 be given deference by the court but shall not be conclusive. In considering whether the72 health or welfare of the child would be harmed without such vis itation, the court shall73 consider and may find that harm to the child is reasonably likely to result when, prior to74 the death, incapacitation, or incarceration of the child's parent:75 (A) The minor child resided with the grandparent for six months or more;76 (B) The grandparent provided financial support for the basic needs of the child for at77 least one year;78 (C) There was an established pattern of regular visitation or child care by the79 grandparent with the child; or80 (D) Any other circumstance exists indicating that emotional or physical harm would81 be reasonably likely to result if such visitation is not granted.82 The court shall make specific written findings of fact in support of its rulings.83 (2) While a custodial parent's decision regarding grandparent visitation shall be given84 deference by the court, the parent's decision shall not be conc lusive when failure to85 provide grandparent contact would result in emotional harm to t he child. A court may86 presume that a child who is denied any contact with his or her grandparent or who is not87 provided some minimal opportunity for contact with his or her grandparent when there88 is a preexisting relationship between the child and such grandparent may suffer emotional89 injury that is harmful to such child's health. Such presumptio n shall be a rebuttable90 presumption."91 SECTION 2.92 All laws and parts of laws in conflict with this Act are repealed.93 S. B. 245 - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 245 lets grandparents who have been granted court-ordered visitation with a grandchild ask a Georgia court to change or cancel that visitation order themselves, when the child's parent has died, been ruled incapacitated, or is incarcerated. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Passed (2025-05-13) - Last action: Effective Date 2025-07-01 (2025-05-13) - Sponsors: Mike Hodges, John Kennedy, Kay Kirkpatrick, John Albers, Billy Hickman, Bo Hatchett, Rick Townsend - Official page: https://www.legis.ga.gov/legislation/70720 > The history, votes, and amendments (1,275 characters) are at https://georgiacommons.org/bills/2025-2026/sb245.md?full=1