SB 245: 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 sue for court-ordered visitation with a grandchild, including a special provision covering cases where a parent has died, is incapacitated, or is incarcerated. Under current law, only a legal custodian, guardian, or parent could later go back to court to revoke or amend a grandparent's visitation order. This bill changes that by adding the grandparent themselves to the list of people who can petition the court to revoke or amend the visitation order that was granted under the parent-death, incapacity, or incarceration provision. The bill also makes a small wording clarification about what counts as an established pattern of visitation or child care for purposes of proving harm to the child. As with the existing rule for other visitation petitions, any request to revoke or amend an order cannot be filed more than once during any two-year period. The bill repeals conflicting laws and does not specify a delayed effective date, meaning it would take effect under the state's standard rules once signed.

• Adds grandparents of a deceased, incapacitated, or incarcerated parent to the list of people who can petition a Georgia court to revoke or amend an existing grandparent visitation order.
• Limits how often that new revocation or amendment petition can be filed, capping it at once every two years, matching the existing limit for other visitation petitions.
• Clarifies the wording describing what counts as an established pattern of visitation or child care when a court weighs whether denying visitation would harm the child.
• Leaves in place the existing clear and convincing evidence standard courts must use before granting or revoking family member visitation.

Grandparents whose grandchild's parent has died, become incapacitated, or been incarcerated; the surviving or custodial parents and legal guardians of those children; and Georgia's superior courts, which handle these visitation disputes under O.C.G.A. § 19-7-3.

Grandparents who already won visitation rights under the parent-death, incapacity, or incarceration provision currently cannot ask a court to change those terms themselves if circumstances shift; this bill gives them that legal option, potentially leading to more requests to revisit existing visitation arrangements.

• Section 1 revises subsection (c) of O.C.G.A. § 19-7-3 to clarify wording about an established pattern of visitation or child care between a family member and the child.
• Section 1 also revises subsection (c)(2) wording about petitions to revoke or amend visitation, without changing who may file under that general provision.
• Section 1 adds new language to subsection (d) allowing a grandparent granted visitation because a parent died, is incapacitated, or is incarcerated to later petition to revoke or amend that visitation for good cause shown.
• The new petition right in subsection (d) is capped at one filing during any two-year period, matching the limit that already applied to other visitation-related petitions.
• Section 2 repeals any conflicting laws, a standard closing provision.

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

• Mike Hodges (R, SD-003)Patrocinador principal
• 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. AprobadaVotación: Senado6 de marzo de 2025

   56 a favor, 0 en contra

   Passage: Senate Vote #202

2. AprobadaVotación: Cámara de Representantes28 de marzo de 2025

   160 a favor, 1 en contra (4 sin votar, 15 ausentes)

   Passage: House Vote #335

3. AprobadaVotación: Senado2 de abril de 2025

   52 a favor, 0 en contra (4 sin votar, 0 ausentes)

   Agree To House Substitute: Senate Vote #413

• grandparent visitation
• family law
• child custody
• parental incarceration