Georgia General Assembly · Full text

SB 245: Grandparents; include within the category of persons who may seek to revoke or amend an existing grandparent visitation order

Enrolled version, the latest LegiScan holds · Last action May 13, 2025 · Passed

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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 actions by grandparents or other family members for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and notification to family members of child's participation in events, so as to provide for the revocation or amendment of grandparent visitation rights in cases where the parent of a minor child is deceased, incapacitated, or incarcerated; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by grandparents or other family members for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and notification to family members of child's participation in events, is amended by revising subsections (c) and (d) as follows:

"(c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the original action or intervention:

(A) The minor child resided with the family member for six months or more;

(B) The family member provided financial support for the basic needs of the child for at least one year;

(C) There was an established pattern of regular visitation with the child by the family member or child care provided by the family member ~~with~~ for the child; or

(D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings.

(2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian ~~of the person,~~ or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; ~~but~~ provided, however, that such a petition shall not be filed more than once in during any two-year period.

(3) While a parent's decision regarding family member visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide family member contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her family member or who is not provided some minimal opportunity for contact with his or her family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption.

(4) In no case shall the granting of visitation rights to a family member interfere with a child's school or regularly scheduled extracurricular activities.

(5) Visitation time awarded to a family member shall not be less than 24 hours in any one-month period; provided, however, that when more than one individual seeks visitation under this Code section, the court shall determine the amount of time to award to each petitioner which shall not be less than 24 hours in any one-month period in the aggregate.

(d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. After such visitation rights have been granted to any parent of the deceased, incapacitated, or incarcerated parent of the minor child, such parent may petition the court for revocation or amendment of such visitation rights for good cause shown, which the court, in its discretion, may grant or deny; provided, however, that such a petition shall not be filed more than once during any two-year period. The mere absence of an opportunity for a child to develop a relationship with a grandparent shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such grandparent. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the death, incapacitation, or incarceration of the child's parent:

(A) The minor child resided with the grandparent for six months or more;

(B) The grandparent provided financial support for the basic needs of the child for at least one year;

(2) While a custodial parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent when there is a preexisting relationship between the child and such grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.