Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Georgia, the law recognizes the primacy of parents' rights in child custody matters. However, under certain circumstances, grandparents may be awarded custody of their grandchildren. This typically occurs in situations where both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparents can petition the court for custody in such cases. Additionally, Georgia law provides for grandparent visitation rights, which may be granted if the child's parents are divorced, separated, or deceased, or in other situations where the court finds that visitation with the grandparent is in the best interest of the child. The court will consider several factors, including the child's needs and the nature of the grandparent-grandchild relationship, before making a decision on custody or visitation rights.