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 <ins>with the child by the family
member</ins> or child care <ins>provided</ins> by the family member <del>with</del> <ins>for</ins> 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 <del>of the person,</del> 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; <del>but
</del> <ins>provided, however, that</ins> such a petition shall not be filed more than once <del>in</del> <ins>during</ins> 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. <ins>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.</ins> 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;
(C) There was an established pattern of regular visitation or child care by the
grandparent with 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) 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.